Rutgers, The State University of New Jersey, provides access to government records in compliance with applicable federal and state laws. The New Jersey Public Access to Government Records Law, effective July 7, 2002, extends to Rutgers University. (The Public Access to Government Records Law is sometimes called the Open Public Records Act or OPRA.) Rutgers has appointed a University Custodian of Records who is responsible for implementing the duties and responsibilities provided by this law.

Requests for access to government records must be in writing. The law specifically provides that university employees who receive a request for access to records shall forward the request to the University Custodian of Records, or direct the requestor to the Custodian at 848-932-7434. Only the Custodian of Records is authorized to release or deny the release of a university record under this law.

Brief Outline of the New Jersey Public Access to Government Records Law

Summary
Recent legislation expands the right of public access to government records. Generally, under this new law, documents made, maintained, kept on file, or received in the course of university business may be government records subject to inspection, and/or copying, upon request by a citizen of the state of New Jersey. There are numerous exceptions for various categories of documents that are not considered government records under the law or are exempt from disclosure under other applicable federal or state laws, regulations, or orders. It is important to note that the law provides for access to records; it does not require Rutgers to create documents for the purpose of replying to requests for information.

Time Frame
The law provides for a short time frame in which to respond to a request for a record. A response will typically be made to the request within seven (7) business days of a written request. If it is determined that the requestor seeks access to a readily available government record, then, if practicable, it will be provided within seven business days. If the government record is temporarily unavailable, the requestor will be notified within that seven-day period as to when the record is expected. If the Custodian of Records determines that the requestor has sought access to documents that are not government records, then the requestor will be notified of this.

Disputes
If there is a dispute as to whether public access to a document has been denied incorrectly, the requestor may file a complaint with the Government Records Council in the New Jersey Department of Community Affairs or file a lawsuit in Superior Court. The Government Records Council offers mediation as a means to resolve these disputes and, if mediation fails, is authorized by the law to determine whether access should be granted to the record sought.

Note: This is only a brief outline of a long, complex law. It does not cover a number of the new law's provisions, nor should it be relied upon as a full description of any of its provisions. For the full text of the new law, visit http://www.njleg.state.nj.us/2000/Bills/PL01/404_.HTM Questions may be directed to the University Custodian of Records at 732-932-7434.

New Jersey Public Access to Government Records Law
P.L. 2001, Chapter 404, as incorporated in NJSA 47:1A-1 et seq.

Questions and Answers

Q: How will the university respond to a request for a student record?
A: Most student records, except for "directory information," are exempt from disclosure under the Family Educational Rights and Privacy Act of 1974 (FERPA). The full text of FERPA can be found online at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Q: Are research records exempt from disclosure?
A: Research records and scholarly materials and documents are exempt. However, the university will provide the name, title, expenditures, source and amounts of funding, and date when any final project summary of any research will be available for disclosure. (Note that most federal and state research contracts and grants require a final project summary; these documents are made available to the public by federal and state agencies as a general practice.)

Q: Does the university have to create a record in response to a request for information?
A: The law provides access to existing government records. If a record does not exist, the university does not have to create one.

Rutgers, The State University of New Jersey
University Custodian of Records
Winants Hall, Room 112
7 College Avenue
New Brunswick, NJ 08901-1260
Telephone: 848-932-7434
Fax: 732-932-1245