Open Public Records Act (OPRA)
P.L. 2001, CHAPTER 404
N.J.S. 47:1A-1 et seq. (Effective September 3, 2024)
government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented, shall be construed in favor of the public’s right of access
A questionable interpretation of OPRA regulations, a typographical error, an outside flight of 22 steps to climb in close to 70-degree temperature for a local resident less than two months shy of becoming a nonagenarian is all that it took to get a copy of the letter written by Party Boat Captain and Yacht Harbor tenant Captain Ron Santee and referenced at this week’s meeting of the Harbor Commission.
The kindness, thoughtfulness, immediate attention to details and concern of Harbormaster Lou Fligor and administration assistant Jessica McClane made not only the entire incident far more palatable, but also brought back memories of when life was a lot easier and friendlier when it came to learning more about municipal business.
Those problems, however, don’t come close to what Santee, the Captain of the party boat Fishermen, is facing now that the Harbor Commission and governing body have approved a stricken captain from another Marina to violate some of the regulations head boats at this marina have been adhering to for more than half a century.
Hopefully, Santee’s concerns will be resolved shortly, as Harbor Commission Chairman Tom Wall made his letter a priority and referred the matter to the lease committee for a solution.
But the difficulty in securing a copy, or even being able to read Santee’s letter that resulted in harbor commission action makes it impossible to understand how OPRA regulations require both the planning board and Mayor and Council to have their meetings via ZOOM but not the Harbor Commission. At this week’s meeting of the Mayor and Council, Mayor Lori Hohenleitner’s indicated Harbor Commission meetings are not on zoom because that commission, which is all appointed by the mayor and council and has two council representatives as members, do not choose to be on Zoom.
Because of no zoom at Tuesday’s harbor meeting and absent a ride to get to the meeting, it was necessary for a resident to listen to the meeting recording the following day in order to secure information on the Santee matter.
A willing Harbor Commission staff member at first said the resident could come down to the Harbor Office and read the letter, but absent an OPRA request, it could not be e-mailed to her. Although the employee noticed her typographical error within a few minutes and immediately corrected it saying it would not be possible even if the resident came to the harbor office. However, the resident had already left her computer and did not see the e-mail that made it clear that she could not even read the letter at the Harbor office without filling out an OPRA request first.
Either way, the resident drove to the harbor office at 2 in the afternoon, at temperatures hovering just below 70 degrees, parked in one of the few spots near the second-floor office reserved for handicapped parking, and walked up the 22 steps to the harbor office.
Concerned staff, notifying the effect of the two-flight hike in the sun, were kind, solicitous and apologetic, offering far better solutions should the situation arise again.
But sorry, the letter could not be shown without an OPRA request.
Again, the accommodating harbor staff, made a quick call made to borough clerk Michelle Clark, who agreed that filling out an OPRA request in the office at that time would be sufficient to enable the resident to read and receive a copy of Captain Ronnie Santee’s letter which had been discussed the night before.
The good news is under OPRA, staff is entitled to take 10 days to provide the OPRA-ed information.
The Harbor or Commission staff did it in minutes.
