Bill > A2817

Introduced Session

The Government Records Council (GRC) has many duties with regard to the law commonly referred to as the open public records act. Among its duties, the GRC adjudicates complaints submitted to the council concerning a denial of access to a government record by a records custodian. The council consists of the Commissioner of the Department of Community Affairs, the Commissioner of the Department of Education, and three public members appointed by the Governor. The council employs an executive director, professional staff, such as a staff attorney, and clerical staff as it deems necessary. Under this bill, the staff attorneys of the council will receive, hear, review, and adjudicate complaints. The decision of a staff attorney may be appealed to the council. Under current law, a decision of the council may be appealed to the Appellate Division of the Superior Court. Under current practice, the council meets monthly for the adjudication of complaints and other matters. This bill will permit staff attorneys to adjudicate complaints on a regular basis, which should help alleviate the council's backlog of complaints. This bill is in response to the recommendations of the Office of the State Comptroller (OSC) July 2022 report regarding the GRC and its review and adjudication of public records complaints. The OSC expressed concern that the GRC has not processed public records complaints in a timely manner and recommended that the GRC utilize the staff attorneys of the council to receive, hear, review, and adjudicate complaints. The council will retain its current process to hear appeals of decisions of staff attorneys.

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Lou Greenwald (D)*,  Chris Tully (D)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document