NOTES: This compilation includes only the operative clauses of the executive orders. Citations to the original full texts are given with each order. References within the executive orders to "Chapter 73, P.L.1963" are to the Open Public Records Act (Right to Know Law), as amended by Chapter 404, P.L. 2001, codified at N.J. Statutes 47:1A-1 to 47:1A-13.
For further information, see "OPRA Central" at www.nj.gov/opra/.
1. All records, other than records set forth in section 3 hereof or records the subject of a regulation adopted and promulgated pursuant to the provisions of section 2 hereof or otherwise excluded under and pursuant to the provisions of Chapter 73, P.L. 1963, which specifically are required by statute to be made, maintained or kept by any State or local governmental agency shall be public records, subject to inspection and examination and available for copying, pursuant to the provisions of Chapter 73, P.L.1963. All other records of such State and local governmental agencies shall not be deemed to be public records, subject to inspection and examination and available for copying, pursuant to the provisions of Chapter 73, P.L.1963, but such records shall remain subject to such other provisions of law and regulations as shall be applicable thereto and this provision shall in no way be interpreted as to preclude the appropriate State or local officials from (i) using or making available such records for any of the purposes for which such records made, maintained or kept or (ii) permitting any person who demonstrates a legitimate reason for wishing to do so to examine such records where such official shall find it is not contrary to the public interest or an undue interference with the operation of the office to permit such an examination.
2. (a) The head or principal executive of each principal department of State government, with respect to the records of his department and any agencies, authorities and commissions assigned or allocated to such department or under the super- vision or regulation of such department, is hereby authorized and empowered to adopt and promulgate, from time to time, regulations setting forth which records under his jurisdiction shall not be deemed to be public records, subject to inspection and examination and available for copying, pursuant to the provisions of Chapter 73, P.L. 1963. (b) The text of any regulation adopted after October 1,1963 pursuant to the provisions of this Executive Order shall be published at least 15 days prior to the proposed effective date of such regulation in at least 10 newspapers published in the State and a copy of any such regulation, with the approval of the Governor endorsed thereon, shall be placed on file in the Office of the Secretary of State. No such regulation shall be effective until it has been so published, approved and filed. (c) Any regulation which has been heretofore adopted and promulgated by the head or principal executive of a principal department pursuant to the provisions of Executive Orders Nos.7 and 8 shall remain in force and effect until modified or rescinded in accordance with the provisions of this Executive Order. (d) Any regulation which shall be adopted by the head or principal executive of a principal department of the State government on or before October 1,1963 shall be fully effective, without the necessity of publication, if a copy of such regulation, with the approval of the Governor endorsed thereon, has been placed on file in the Office of the Secretary of State on or before October 1,1963.
3. The following records shall not be deemed to be public records subject to inspection and examination and available for copying pursuant to the provisions of Chapter 73, P.L.1963: (a) Questions on examinations required to be conducted by any State or local governmental agency; (b) [replaced by Exec.Order No.11 of Gov. Byrne] (c) Records concerning morbidity, mortality and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency; (d) Records which are required to be made, maintained or kept by any State or local governmental agency which would disclose information concerning illegitimacy; (e) [replaced by Exec. Order No. 69 of Gov. Whitman] (f) Criminal records required to be made, maintained and kept pursuant to the provisions of R.S. 53:1-20.1 and R.S. 53:1-20.2; (g) Personal property tax returns required to be filed under the provisions of Chapter 4 of Title 54 of the Revised Statutes; and (h) Records relating to petitions for executive clemency.
4. This Executive Order shall in no way be interpreted to replace or affect the right that the general public has, by common law, judicial decision, statute or otherwise, to examine and copy public records and shall be limited in its application to the provisions of Chapter 73, P.L.1963. 5. Executive Orders Nos.7 and 8 are hereby rescinded and any regulations adopted and promulgated thereunder shall be null and void except to the extent provided in Section 2 of this Executive Order.
1. No person having custody of State Police investigative files shall turn over the same to any other person who is not a member of a duly recognized law enforcement agency unless ordered to do so by a court of competent jurisdiction or by the Governor of the State of New Jersey. 2. No person shall divulge the contents of those files to any other person who is not a member of a duly recognized law enforcement agency unless ordered to do so by a court of competent jurisdiction or by the Governor of the State of New Jersey, where the release of such information is likely to subject witnesses or other persons to physical harm, threats of harm, bribes, economic reprisals and other intimidation. No information shall be divulged where the maintenance of secrecy regarding informants is required for effective investigation of criminal activity or the protection of confidential relationships and privileges recognized by law.
2. Except as otherwise provided by law or when essential to the performance of official duties or when authorized by a person in interest, an instrumentality of government shall not disclose to anyone other than a person duly authorized by this State or the United States to inspect such information in connection with his official duties, personnel or pension records of an individual, except that the following shall be public: a. An individual's name, title, position, salary, payroll record, length of service in the instrumentality of government and in the government, date of separation from government service and the reason therefor; and the amount and type of pension he is receiving; b. Data contained in information which disclose conformity with specific experimental [thus in original; should be "experiential"], educational or medical qualifications required for government employment or for receipt of a public pension, but in no event shall detailed medical or psychological information be released.
[T]he following specific categories of records, due to their confidential nature, shall not be deemed to be public records under the provisions of Chapter 73, P.L.1963; and thus shall not be subject to examination, nor available to the public for copies or review: 1. Procurement documents of any State department or agency, concerning surveillance equipment and investigatory services, when disclosure of the equipment type and the subject matter of the services could make known to the target of an investigation the fact that an investigation is in progress. 2. Procurement documents of any State department or agency, concerning installation of intrusion and detection alarm systems, when disclosure could facilitate illegal entry. 3. Procurement documents of any State department or agency, concerning studies of computer system security, including final reports, when disclosure could facilitate fraudulent use of the information. I further ORDER that the Department of the Treasury and the Department of Law and Public Safety annually review the list of records which have been excluded from public examination pursuant to this Executive Order and, when both agree, make available for public examination any records which no longer will impair law enforcement or security operations.
...I...do hereby ORDER and DIRECT: 1. The Superintendent of the State Police to make the investigative files, records and exhibits within his custody relating to the investigation of the Lindbergh kidnapping available to the public, and subject to inspection and examination and available for copying 45 days from the promulgation of this order. 2. The Superintendent is empowered in accordance with the provisions of section 2 of P.L. 1963, c.73 (C. 47:1A-2) to establish procedures to insure that there is no risk of damage or mutilation of such files, records and exhibits and to insure that public access and right to copy such files, records and exhibits shall be during regular business hours to the extent that such access is compatible with the economic and efficient operation of his division and the transaction of its public business and to provide and assure payment of such costs as permitted by law.
All individual or personal responses furnished as part of the Agent Orange Commission's data-gathering survey questionnaire and any confidential questionnaires developed as part of the Dioxin Pilot Study, Cancer Incidence in Vietnam Veterans Study and Death Records Study to be undertaken by the commission shall be exempt from public disclosure under the Public Records Act, as provided for by C. 47:1A-2.
2. The following records shall not be deemed to be public records subject to inspection and examination and available for copying pursuant to the provisions of Chapter 73, P.L. 1963, as amended: fingerprint cards, plates and photographs and similar criminal investigation records that are required to be made, maintained or kept by any State or local governmental agency. 3. Notwithstanding the above section 2, the following information shall be available to the public within 24 hours, or sooner if practicable, of a request for such information: (a) where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any; (b) if an arrest has been made, information as to the name, address and age of any victims, unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or court rule. In deciding on the release of information as to the identity of a victim, the safety of the victim and the victim's family, and the integrity of any ongoing investigation, shall be considered; (c) if an arrest has been made, information as to the defendant's name, age, residence, occupation, marital status and similar background information and the identity of the complaining party, unless the release of such information is contrary to existing law or court rule; (d) information as to the text of any charges, such as the complaint, accusation and indictment, unless sealed by the court or unless the release of such information is contrary to existing law or court rule; (e) information as to the identity of the investigating and arresting personnel and agency and the length of the investigation; (f) information of the circumstances immediately surrounding the arrest, including but not limited to the time and place of the arrest, resistance, if any, pursuit, possession and nature and useof weapons and ammunition by the suspect and by the police; and (g) information as to circumstances surrounding bail, whether it was posted and amount thereof. The term "request" shall mean either a written or oral request; provided, however, that all requests are made with sufficient clarity so as to enable a reasonable person to understand the information that is being sought. The law enforcement official responding to oral requests should make best efforts to respond orally over the telephone; however, it shall not be unreasonable to require the requester to appear in person to receive the information. Unless the parties note otherwise, it shall be understood that there is no duty to release or obtain information that is not in the possession of the law enforcement agency at the time of request. 4. Notwithstanding any other provision of this Executive Order, where it shall appear that the information requested or to be examined will jeopardize the safety of any person or jeopardize any investigation in progress or may be otherwise inappropriate to release, such information may be withheld. This section is intended to be narrowly construed to prevent disclosure of information which would be truly harmful to a bona fide law enforcement purpose or public safety if released. It is also intended to prevent such release that would violate existing law regarding confidentiality in areas including, but not limited to, domestic violence and juveniles. 5. Each county prosecutor shall prepare a plan outlining the procedures for providing and/or disseminating the information required by this Executive Order and shall submit same to the Division of Criminal Justice for its review and filing. Each prosecutor shall consult with the police departments within his or her county and to the extent possible, include within the prosecutor's plan the local procedures for responding to informational requests. The Division of State Police shall submit its plan to the Office of the Attorney General. Whenever any changes are made in any such plan, said changes shall immediately be forwarded to the appropriate county prosecutor and/or the Division of Criminal Justice or Office of the Attorney General for review and filing. In addition, each county prosecutor's office shall designate a person(s) who is(are) responsible for responding to requests for public information by the media on nights, weekends and holidays. The name of the person(s) so designated shall be available at the communication center in each county. 6. The Attorney General, as chief law enforcement officer of the State, or his designee, or where appropriate, the county prosecutor, as chief law enforcement officer of the county, shall promptly resolve all disputes as to whether or not the release of records would be "otherwise inappropriate" between the custodian of any records referred to herein and any person seeking access thereto or similar disputes. Where the Attorney General or the county prosecutor determines that the release of records would be "otherwise inappropriate," he or she shall issue a brief statement explaining the decision. 7. The terms of the Order shall be carried out in the spirit of Chapter 73, P.L. 1963, as amended, and shall not relate to requests pursuant to Chapter 60, Section 4, of P.L. 1994. It shall be carried out by keeping in mind the right of citizens to be aware of events occurring in their community.
1.At all levels of government - State, county, municipal and school district -- the following records shall not be deemed to be public records under the provisions of Chapter 404, P.L. 2001, and Chapter 73, P.L. 1963, and thus shall not be subject to public inspection, copying or examination:
2. [rescinded by Exec.Order No.26]
3. [rescinded by Exec.Order No.26]
4.In light of the fact that State departments and agencies have proposed rules exempting certain government records from public disclosure, and these regulations have been published for public comment, but cannot be adopted prior to the effective date of the Open Public Records Act, State agencies are hereby directed to handle all government records requests in a manner consistent with the rules as they have been proposed and published, and the records exempted from disclosure by those proposed rules are exempt from disclosure by this Order. Once those regulations have been adopted, they shall govern all government records requests filed thereafter.
5.Executive Orders No. 9 (Hughes), 11 (Byrne), 79 (Byrne) and 69
(Whitman) are hereby continued to the
extent that they are not inconsistent with this Executive Order.
EXECUTIVE ORDER NO. 26 OF GOV. MCGREEVEY (August 13,
1.Paragraphs 2 and 3 of Executive Order No. 21 are hereby rescinded and replaced with the following paragraphs.
2.In addition to those records of the Office of the Governor that are exempted by the provisions of the Open Public Records Act, the following records maintained by the Office of the Governor, or part thereof, shall not be deemed to be government records under the provisions of Chapter 404, P.L. 2001, and Chapter 73, P.L. 1963, and thus shall not be subject to public inspection, copying or examination:
3. No public agency shall disclose the resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. The resumes of successful candidates shall be disclosed once the successful candidate is hired. The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure.
4. The following records shall not be considered to be government records subject to public access pursuant to N.J.S.A. 47:1A-1 et seq., as amended and supplemented:
5.The Privacy Study Commission created by Chapter 404, P.L. 2001, is hereby directed to promptly study the issue of whether and to what extent the home address and home telephone number of citizens should be made publicly available by public agencies and to report back to the Governor and the Legislature within six months.
6.The remaining provisions of Executive Order No. 21 are hereby continued to the extent that they are not inconsistent with this Executive Order.