Berkeley Heights BOE Berkeley Heights Town Government

OPRA: Your Right To Information

Feb 28, 20233 Comments

Why the Open Public Records Act is Important for Berkeley Heights Residents, How To Use OPRA and How We Can Help

The purpose of local governing bodies is to represent the people, and to balance perspectives in coming to effective decisions surrounding our community and schools.

The pandemic refocused the attention of millions from the hustle and bustle of everyday life to something a bit more entertaining; local government. Unfortunately for them, we paid attention, asked questions, and fact-checked. When we realized the scheming and back-door dealing was not just happening in DC, but right in our backyard, we got loud.

The Open Public Records Act (OPRA) was passed as a safety measure to protect and provide the public with access to the business of their local governing bodies. Similarly, the Open Public Meetings Act (OPMA) was established along the same principle; government business should not be secret but a public display of government “at work.”

What I have experienced with the Berkeley Heights Public School (BHPS) District over the last three years has been enlightening. Facts were provided to me in good faith – quickly disseminated via email with no reservations. When I verified the information provided to me (let’s say I had a whim that what I was looking at wasn’t entirely accurate) and learned it was misleading and untrue, I started to inquire with some more meaningful questions. When I altogether stopped getting those responses, I turned to OPRA. Any document that pertains to the business and operation of our schools or township should be, per law, remitted via OPRA. Information “readily” available on a website or in print does not fall under OPRA.

OPRA falls under the purview of the Business Administrator (similar to the township clerk – who, by the way, is a stark contrast to the dumpster fire we have in the BHPS business office) to fulfill OPRA requests within a statutory seven business day period. So, it is your right to request OPRA requests; any outcry that you are harming children or teachers by doing so should be a red flag that something within the very operational core of our District is amiss. Perhaps the reason for this tantrum displayed by our Business Administrator and Superintendent is that through OPRA, other residents and I have learned what a piss poor job they are doing at managing our schools.

Add to that the multiple ethical, policy, OPRA, and OPMA violations that have been substantiated by higher-up governing bodies for the Marjory of cases. Our OPRA legal Hero(BHCW Episode 6) alluded to the notion that once a municipality realizes they need to be in full compliance or have been engaging in bad practice, they would look to change the process and the remittance. However, at BHPS, the response has been to fight (at a hefty fee) parents who continue to bring malpractices to light.

YOU have the right to make an OPRA Request.

The municipality from which you are requesting documents must respond to your request within seven business days.

When submitting an OPRA Request, be as specific as possible; include subject matter, date range, all possible persons involved, and include all modes of communication.

Specific to BHPS, you will most definitely get a request for an extension. And if your request isn’t tight, you will receive a denial. OPRA’s need to be written clearly and concisely. The township clerk will not play this game; if she is unclear about what you are asking for, she will (you should sit down for this one) and actually reach out to verify she understands the request. The BHPS Business Administrator or “Designee” won’t bother asking for clarification – they will deny your request for being “overly broad” or some other malarkey.

For the Township:
Your requests can be sent to [email protected]

For the Berkeley Heights Public School District:
Your request can be sent to [email protected] and if you have follow-up questions those can be sent directly to [email protected] and [email protected].

If you need help submitting a request or feel improperly denied or extended, please email [email protected].

I have personally found, when there is information being requested that someone running the show knows will get them in trouble, they will stonewall. If you believe your request is getting the runaround; then you can reach out to Mr. Walter Luers – champion of OPRA lawsuits. He will advise if your denial, extension, etc, holds enough weight for a case. For OPRA cases, fee shifting is used, so he will often take on an OPRA Case at no financial cost to you if he feels it has merit.

And if you’re concerned about “costing the district” money that should be going to the kids – the District isn’t obligated to defend any lawsuits, be it ethical or OPRA – they can settle. However, THEY have decided to fight every single one, at your expense – and, they keep losing. The fiscal cliff, exorbitant legal bills, and mounting legal cases are not on me, you, or anyone seeking information in this community; it is on our Superintendent, Business Administrator, the Board, and the legal team they keep listening to – even though they are navigating shits creek, without a paddle.

They work for us, don’t forget that!