Gov. Murphy should veto public records bill, say mayors of N.J.’s two biggest cities

Newark Mayor Ras Baraka, left, and Jersey City Mayor Steve Fulop are two of the most prominent elected officials who oppose a bill that would revamp the state's public records law. (Baraka photo by New Jersey Governor’s Office/Fulop photo by Dave Kotinsky-Getty Images for Liberty Science Center)

The mayors of the state’s two largest cities are calling on Gov. Phil Murphy to veto a controversial bill sitting on his desk that would revamp the state’s public records law. 

Newark Mayor Ras Baraka and Jersey City Mayor Steve Fulop, who are both running for the Democratic nomination for governor in 2025, criticized the bill as a step backward for government transparency and accountability. The measure would make numerous changes to the Open Public Records Act that critics say are tantamount to gutting the law.

“OPRA may need some change but this is not it. Let us find a balanced solution together that addresses the issues without compromising our democratic values. New Jersey deserves nothing less,” said Baraka in a statement released Wednesday. 

Fulop, meanwhile, said in a statement that Murphy made a “bad deal with legislative leaders” who support the bill.

“There is no other rational reason on why it moved the way it did and why legislators would put themselves out there without a commitment that Murphy would sign it,” he said. “If Murphy signs this bill this will be his legacy as the governor that moved NJ backwards on both election finance and transparency in a moment when the Democratic Party is asking for stronger and more protective laws.”

Murphy spokesperson Tyler Jones declined to comment. Murphy, a Democrat, has declined to say whether he will sign or veto the bill.

Fulop said, based on Murphy’s actions, “it is reasonable to assume” the governor has committed to supporting the bill.

The mayors’ pleas for a veto echo the calls from civil rights groups, press organizations, government watchdogs, and residents who say the Open Public Records Act is a useful tool to hold government officials accountable and have also asked Murphy to kill the bill. 

The measure landed on Murphy’s desk on May 13 after lawmakers fast-tracked the legislation and advanced it out of both chambers with slim margins of support. If Murphy doesn’t sign or veto the bill by June 27, it will automatically become law the next time the Senate holds a quorum.

A provision of the bill that has especially angered critics, including Baraka, would end what’s called mandatory fee-shifting, a practice that requires governments that lose public records disputes in court to pay the requestors’ legal fees. 

Baraka said this change would lower the compliance rate of records requests. But the mandatory fee-shifting change is “only the beginning of the anti-democratic measures in the bill,” he added.

Supporters of the bill say the law must be changed because clerks’ offices statewide are buried under mountains of records requests, many from commercial entities seeking property or court records. And ending mandatory fee-shifting would save taxpayers money, they argue.

Baraka said he understands the burden records requests can put on cities like Newark, the state’s largest. He agreed the use of the Open Public Records Act by commercial enterprises is an issue, but the bill does little to address it. He pointed to previous bills introduced by former Sen. Loretta Weinberg that aimed to alter that practice “but also leaves democracy intact.” 

“I also stand with other mayors who want to push back against those who have weaponized OPRA to make money for themselves, but this is an opportunity for us to stand up for democracy,” he said in a video posted to social media.

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