September 13, 2010

RE:     I.   DLGS-News Notice Does NOT Clarify “Best Practices”  Checklist
          II.  Governor Signs OPRA Fee Bill

Dear Mayor:

I.          DLGS-News Notice Does NOT Clarify “Best Practices” Checklist

In our letter of September 9 (http://www.njslom.org/letters/ml090910-DCA-Checklist.html), we advised you that clarifications on the Administration’s “Best Practices” requirements would be issued by the Department of Community Affairs today.

Earlier today, the Division of Local Government Services (DLGS) e-mailed, to those who subscribe to the service, the latest issue of DLGS-News.  Item 1 of that e-mail refers to the August 25 release of the Administration’s “Best Practices” checklist.

Please be advised that the information provided in the DLGS-News, which was sent   earlier today, does NOT reflect the Department’s clarifications to the checklist.  The clarifications, when they are ready, will be distributed through GovConnect.

When those clarifications are made available, we will also provide you with the information, via our normal communications channels.

II.        Governor Signs OPRA Fee Bill

On Friday, Governor Christie signed A-559 into law.  The new law establishes OPRA fees at $0.05 for letter size documents and $0.07 for legal size documents. 

The legislation was in response to the Smith v. Hudson County Register, 411 N.J. Super. 538 (App. Div. 2010), in which the court ruled that beginning July 1, 2010unless and         until the Legislature amends OPRA to specify otherwise or some other statute or     regulation applies, public bodies could only charge the actual costs of copying.  

Beginning Tuesday November 9, 2010 all public agencies in New Jersey are to charge the fees established in the amended legislation. These fees are outlined below:

• Every public agency must charge $0.05 per page for letter sized pages and   smaller;
• Every public agency must charge $0.07 per page for legal sized pages and larger;
• Any public agency whose actual costs to produce paper copies exceed the $0.05 and $0.07 rates may charge the actual cost of duplication;
• Every public agency must provide electronic records FREE OF CHARGE (i.e. records sent via e-mail and fax); and
• Every public agency must charge the actual cost to provide records in another medium (i.e. computer disc, CD-ROM, DVD).

According to the GRC OPRA Alert, Volume 3, Issue 1, until November 9th, all public agencies must continue to charge their actual costs of duplication pursuant to the Smith    decision

Very truly yours,

William G. Dressel, Jr.
Executive Director