On July 30, 2018, just two business days after she “heard” the case, the respected Bergen County assignment judge Bonnie Mizdol rendered an opinion that effectively renders as illegitimate the way the Teaneck Town Clerk’s office regularly manages OPRA requests – i.e. by stating as necessary (for various reasons) why it needs more time.

It is a judicial opinion WELL WORTH READING:  Mizdol Order and Opinion

Background:

When someone requests a municipality’s public record in New jersey (under its Open Public Records Act – OPRA) the muncipal clerk – as the keeper of public records – is required to respond to that request and typically to have provided the requested documents within 7 business days.  If additional time is needed to fully complete the response, the Clerk is to request additional time and seek agreement with the requestor as to when the response will be complete.
For some years in Teaneck, there has been disagreement between the Township Clerk (and Town Attorney) about 1) what are the publoic records available; 2) how many requests are too many; and 3) for how and how long the 7-day “respnse time” can/should be extended and what say the person requesting the documents have in that extension.
Teaneck recently been taken to/.gone to court about EACH of these issues.  And it has been regularly losing those court cases — and done so so badly that the judge has required the Township to pay the OPRA requestor’s lawyer fees.
It just happened again – the Township lost IN COURT. (Its “multiple extensions” process failed to be lawful under OPRA test.)