Cowards in Trenton trampled on your right to know. Hold them — and Murphy — accountable

You must really get under politicians' skin. Your pesky questions about government transparency are apparently such a nuisance that New Jersey lawmakers horse-traded votes to gut the state's Open Public Records Act.

Under the Statehouse’s golden dome this week, they aimed to dismantle the very law that empowers citizens to hold their government accountable. It's a brazen move, demonstrating just how much those in power disdain the scrutiny that comes with a truly open and democratic society.

It should have been a much heavier lift. Last month, just an hour before an Assembly committee vote, a backlash of public outcry led to the removal of the bill from the agenda, along with a promise to fix it. Weeks of silence followed, and then an amended bill emerged from the backrooms of the Statehouse that was somehow much worse.

If there was ever a moment that called for public debate, shouldn't it have been this?

The cowards in Trenton ignored their constituents

(from left) Gov. Phil Murphy shakes hands with Assembly Speaker Craig Coughlin as Senate President Nick Scutari looks on before Murphy's budget address at the New Jersey Statehouse on Tuesday, Feb. 28, 2023.
(from left) Gov. Phil Murphy shakes hands with Assembly Speaker Craig Coughlin as Senate President Nick Scutari looks on before Murphy's budget address at the New Jersey Statehouse on Tuesday, Feb. 28, 2023.

Despite dozens of good government and citizen groups rallying for the second time during committee hearings last week, they received instructions to simply contact the sponsor just a weekend before the scheduled final vote. Many said they had and couldn’t get a return call.

“Nobody gets back to you. Nobody cares,” one critic tearfully explained to the Assembly Appropriations Committee.

But there was a schedule to keep and votes still to get. It didn’t matter that a public opinion poll in April found that 81% of the public did not want to take an ax to OPRA, versus just 14% who backed the proposed changes. It almost seems like that annoying message critics got when calling the sponsors — “The mailbox is full and is not accepting any messages. Goodbye” — would be a precursor to what is to come when people now try to inquire about their government.

That was certainly the message I received when I asked if Assemblyman Joe Danielson, the sponsor of this atrocity, would yield to questions prior to the vote. He refused. What a coward!

Mind you, that was after he made everyone endure a 15-minute disjointed speech expressing one thing everyone agrees on: we should modernize OPRA. But that means making it more open, more transparent, and easier for clerks to fulfill to the public what is rightfully theirs. Danielson and his sponsors oppose all that.

If you’re not already mad, you will be.

This bill does nothing to stop the commercial mining of government information for profit — the very issue lawmakers initially aimed to address but failed to.

Our view: Amended OPRA bill an absolute sham. Gov. Murphy, veto this affront to democracy

Charlie Stile: Will Phil Murphy sign the bill that shredded OPRA? He just might, but he shouldn't

What does this awful bill actually do? Allow municipalities to sue 'bullies'

So what does the bill actually do? One provision allows state and local agencies to sue people who request too many documents at once, essentially punishing them for asking questions. Think your government won't use this power?

Last year, the township of Irvington sued an 82-year-old woman, claiming her frequent requests "bullied and annoyed" municipal officials. Really? After receiving national backlash, Irvington dropped the lawsuit but threatened future action. Again, really?

Another provision eliminates the requirement for governments that lose record disputes in court to pay the requestors' legal fees. This change will deter challengers who, even when they know they will win, cannot afford the legal costs. That’s because government pockets — filled with the people’s money — are just too vast to compete with.

Additionally, the bill would make requestors responsible for exorbitant fees set by custodians, effectively leading to denials that few can afford to contest in court.

This attempt to modernize OPRA has quickly gone off the rails, turning ordinary citizens into the bad guys. That’s the problem. And frankly, it’s a big problem.

District 26 Assemblyman Brian Bergen speaks during the 2023 Morris County Republican Committee Convention at the County College of Morris in Randolph.
District 26 Assemblyman Brian Bergen speaks during the 2023 Morris County Republican Committee Convention at the County College of Morris in Randolph.

So, what did the beneficiaries of all this Trenton horse-trading receive? Certainly nothing worth trading away your right to access government records. Besides being bad at their jobs, they’re even worse negotiators.

I wish I could tell you it was a partisan fight between Republicans and Democrats. But the truth is, both supporters and critics came from both parties.

You want the truth? Politicians can't handle the truth. They prefer to feed you a narrative crafted by advisers and glossy mailers from consultants telling you everything is just fine. “Pay no attention to the details,” they say. They'd rather shut you down than face accountability.

Don’t fall for it. Just hold them accountable.

Assemblyman Brian Bergen, a Republican, represents the 26th Legislative District in Morris County.

This article originally appeared on NorthJersey.com: NJ OPRA reform went too far. Hold Trenton cowards accountable

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