How to File a Public Records Request in Berkeley Heights, New Jersey

What Is the New Jersey Open Public Records Act (OPRA)?

The New Jersey Open Public Records Act (OPRA), codified at N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404), replaced New Jersey's old Right to Know Law and dramatically expanded the public's right to access government records. OPRA declares that government records shall be readily accessible for inspection, copying, or examination by the public, with certain exceptions designed to protect the public interest. A 'government record' under OPRA means any record made, maintained, or kept on file in the course of official business, or received by a public agency. This includes building permits, construction inspection records, council meeting minutes and agendas, contracts, budgets, emails about official business, and ordinances.

OPRA contains specific exemptions — including personnel and pension records (with limited exceptions), criminal investigatory records, attorney-client privileged communications, and inter-agency deliberative materials. A catch-all provision at N.J.S.A. 47:1A-9 also protects records whose disclosure is prohibited by other statutes, court rules, or established judicial case law. Critically, the burden of proof is on the public agency, not the requestor: if an agency withholds a record, it must specifically identify the legal basis for doing so.

Read the full text of the Open Public Records Act (OPRA) (N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404, as amended by P.L. 2024, c. 16))

How to File a Public Records Request with the City of Berkeley Heights

How to Submit Your Request

Berkeley Heights accepts OPRA requests in writing via email, U.S. mail, fax, or in-person delivery to the Township Clerk's Office at 29 Park Avenue. Email is the most efficient method — send your completed or written request directly to Township Clerk Angela Lazzari at alazzari@bhtwp.com. The Township has an official OPRA Request Form available on its website, and while use of the form is recommended, under N.J.S.A. 47:1A-6(f) an email that includes all of the information required on the adopted form — including certifications that you have not been convicted of an indictable offense and are not seeking records for a commercial purpose — is also a valid submission. Fax requests may be sent to (908) 464-6081. Telephone requests are not accepted under OPRA; all requests must be in writing.

Download Required Form

What to Include in Your Request

• Your full name, mailing address, email address, and telephone number
• A specific description of the government record(s) you are requesting (include dates, document types, parties, and subject matter where possible)
• Your preferred delivery format (email, paper copy, CD-ROM, etc.)
• A certification that you have NOT been convicted of an indictable offense in New Jersey, any other state, or the United States
• A statement indicating whether you WILL or WILL NOT use the records for a commercial purpose
• A statement indicating whether you ARE or ARE NOT seeking records in connection with a legal proceeding (required as of September 3, 2024)
• Your signature and the date of the request

Response Deadlines and What to Expect

Under OPRA, the Township Clerk must respond to your request as soon as possible, but no later than seven business days after receiving it, per N.J.S.A. 47:1A-5(i). Day one begins the day after the custodian receives the request. Certain records — such as budgets, bills, vouchers, contracts, and meeting minutes — must be made available immediately upon request during normal business hours, as they are subject to immediate access under the statute.

A 'response' means the custodian must either grant access, deny access with a specific legal justification, seek clarification in writing, or provide a written notification that the record is in storage and identify when it will be available (with full production due within 21 business days of that notification). If the custodian seeks clarification, the seven-business-day clock pauses until you respond.

For requests made for a commercial purpose, the statutory deadline extends to fourteen business days, and the custodian must notify you of the additional time within the first seven business days. If an agency fails to respond at all within the statutory timeframe, the request is deemed denied under OPRA, giving you the right to challenge the inaction.

Under N.J.S.A. 47:1A-5(b), paper copies cost $0.05 per letter-sized page and $0.07 per legal-sized page. Records delivered electronically via email or fax are provided free of charge. Special service charges may apply when staff time exceeds seven hours.

What to Do If Your Request Is Denied or Delayed

When the Township of Berkeley Heights denies a records request, the custodian must provide a written response that specifically identifies the legal basis for the denial — citing the applicable OPRA exemption, statute, court rule, or executive order. A response that simply says 'denied' without an explanation does not satisfy OPRA's requirements.

Common reasons for denial include: records protected by the attorney-client privilege; criminal investigatory records; personnel and pension records whose disclosure is restricted under N.J.S.A. 47:1A-10; deliberative or advisory materials; records involving ongoing investigations; and records whose disclosure is prohibited by other laws or judicial case law under the catch-all at N.J.S.A. 47:1A-9.

If your request is denied, delayed beyond the statutory deadline (which constitutes a deemed denial), or fulfilled in a way you believe is incomplete, you have two independent avenues for appeal:

First, you may file a Denial of Access Complaint with the Government Records Council (GRC), the independent state agency that oversees OPRA compliance. GRC complaints have no filing deadline and are free to submit at nj.gov/grc. The GRC will investigate, mediate, and issue a finding.

Second, you may file a legal action in New Jersey Superior Court. A Superior Court complaint must be filed within 45 calendar days of the denial of access (Mason v. City of Hoboken, 196 N.J. 51 (2008)). If you prevail in court, you may be entitled to attorney's fees under the 'catalyst theory' — meaning you must demonstrate a causal connection between your lawsuit and the agency's decision to produce the records. If the agency failed to respond at all within seven business days, the burden shifts to the agency to prove your suit was not the catalyst for its belated disclosure.

Steps to Appeal

1. Contact Township Clerk Angela Lazzari at (908) 464-2700 ext. 2220 or alazzari@bhtwp.com to inquire about the status of a delayed request or to ask for a more specific legal basis for a denial.
2. Submit a written follow-up reiterating your request and asking the Clerk to identify which specific OPRA exemption or statutory provision is being relied upon for each withheld record.
3. If the Township still fails to respond or denies access without adequate justification, file a free Denial of Access Complaint with the New Jersey Government Records Council (GRC) at nj.gov/grc — there is no deadline to file with the GRC.
4. Alternatively, file a complaint in New Jersey Superior Court within 45 calendar days of the denial of access, under N.J.S.A. 47:1A-6 and court rule R. 4:69-6(a).
5. In Superior Court, if you prevail, seek attorney's fees by establishing a causal nexus between your lawsuit and the agency's production of records under the catalyst theory affirmed in Mason v. City of Hoboken.
6. If the agency failed to respond at all within seven business days, the burden shifts to the agency under N.J.S.A. 47:1A-5(i) and Mason v. City of Hoboken to prove that your litigation was not the reason it eventually disclosed the records.
7. Consider contacting the New Jersey Foundation for Open Government or a New Jersey OPRA attorney for additional guidance on complex or contested denials.

Types of Records You Can Request from Berkeley Heights, New Jersey

Berkeley Heights Township maintains a wide variety of government records that are accessible under OPRA. The following list covers common categories of records that residents, journalists, researchers, and businesses frequently request from Union County municipalities.

• Township Council meeting minutes and agendas
• Ordinances and resolutions adopted by the Township Council
• Annual municipal budgets and financial statements
• Contracts and vendor agreements for public works, services, and professional services
• Building permits, construction inspection records, and certificate of occupancy documentation
• Zoning board and planning board decisions, applications, and hearing records
• Police incident reports and arrest records (subject to applicable exemptions)
• Tax assessment records and property tax information
• Road paving, drainage, and infrastructure project records
• Environmental compliance records and stormwater management plans
• Employee salary and compensation records (name, title, salary, and length of service are publicly accessible)
• Settlement agreements in civil litigation involving the Township
• Bid tabulations and RFP/RFQ award records for public contracts
• Traffic and parking enforcement records
• Fire department inspection and incident reports

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Township of Berkeley Heights to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Berkeley Heights