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GRC Issues Guidance on COVID-19 Impacts on OPRA

April 9, 2020
By Sanmathi (Sanu) Dev, Esq.

As previously addressed on this blog, on March 20, 2020, Governor Murphy signed Assembly Bill No. 3849 into law which relaxes the deadline by which public agencies are required to respond to requests for government records under the Open Public Records Act (“OPRA”) during a period of a declared emergency, such as the current COVID-19 health crisis. On March 26, 2020 the Government Records Council (“GRC”) issued a special statement regarding the modification.

Under normal circumstances, the custodian of records of a public agency must respond to an OPRA request within seven (7) business days by either granting access to the government record or denying access. However, during a State declared emergency, public health emergency, or state of local disaster emergency, the custodian must make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven (7) business days or as soon as possible thereafter. 

In discussing “reasonable efforts,” the GRC advised that the custodian of records is required to respond in writing within seven (7) business days that an extension to a date certain is needed. The custodian should articulate the reason(s) for the extension, which may include retrieval of records located in storage, archives, or off-site; conversion of the records to a different medium; building access restrictions; and/or delay in available personnel needed to provide responsive records.

The GRC also recommends that the public agency advise the public (i.e., via its website) whether the transmission of OPRA requests has changed.

About the Author:

Sanmathi (Sanu) Dev

Chair, Education Practice


Ms. Dev concentrates her practice on the representation of boards of education and school districts in all areas of education law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act.

In connection with these representations, she is an experienced litigator before State and Federal courts, including the Office of Administrative Law. She routinely defends school districts and employers in a variety of claims involving employee discipline and termination, discrimination, harassment, hostile work environment, leaves of absence, Family and Medical Leave Act, New Jersey Family Leave Act, health and safety, whistleblowing, Americans with Disabilities Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and First Amendment. Ms. Dev is also an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates employment, labor, and civil rights claims before governmental agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights.

Ms. Dev also serves as labor counsel and chief negotiator on behalf of employers. She negotiates collective bargaining agreements with union leadership and manages contract negotiations with various collective bargaining units. Ms. Dev defends grievances, disputes, and arbitrations related to collective bargaining agreements.

Ms. Dev founded Capehart Scatchard’s Diversity and Inclusion Committee and served as its Chair from 2017 through February 2024. From 2018-2023, she served as the firm’s Hiring Shareholder. Ms. Dev previously served as a judicial law clerk to the Honorable Ronald E. Bookbinder, A.J.S.C. in Burlington County.

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