Congressman Andy Kim voices opposition to proposed N.J. legislation that puts public records access in peril

Congressman Andy Kim, who is seeking the Democratic nomination for the U.S. Senate seat held by Robert Menendez, has expressed serious concerns about proposed legislation that would gut the state’s Open Public Records Act.

A 29-page bill sponsored by Democrat Paul Sarlo in the New Jersey Senate and Democrat Joe Danielson in the Assembly revamps the public records law commonly known as OPRA.Introduced this week, the bill will be voted on by N.J. Senate and Assembly committees Monday morning. The move givies residents, the press, and good government advocates almost no time to review the bill and provide ample feedback and suggestions, even though legislators repeatedly promised there would ample time for debate and discussion on any changes to the law, ensuring all stakeholders would be included in the process. The only groups whose feedback was incorporated into the bill were those representing local and county elected officials and clerks. The bill could become law this month and is retroactive, covering any public records requests, compaints and legal cases related to public records that are already in the works.

Kim commented on the bill as part of a thread on Twitter Thursday regarding the endorsement process in which county party bosses gives candidates for office “the county line,” which means much better placement on the ballot in the primary race.

I recount this in hopes that transparency brings about needed change. We need transparency across our state and country. For instance I’m concerned by recent reporting of proposed changes to OPRA that would restrict transparency in our state gov. 8/10https://t.co/PQwm2cOd7i

— Andy Kim (@AndyKimNJ) March 7, 2024

“We have to always remember that our government is supposed to serve the people,” Kim said in a phone interview Saturday. “You cannot have accountability without transparency.”

He joins Newark Mayor Ras Baraka and Jersey City Mayor Steve Fulop, both candidates for governor, in opposing the bill. First Lady Tammy Murphy’s campaign did not respond to requests asking where she stands on the bill.

Kim emphasized the vital importance of public awareness of governmental proceedings, drawing from his public service career as a member of Congress and executive branch employee.

“That is an absolute responsibility,” Kim said. “You cannot have an electorate, you cannot have citizens being able to make informed decisions about voting or about government unless they are informed.”

Kim also said it is important for citizens to understand how elections work in New Jersey. Many people are unaware of how the county-line ballot process works and how county conventions are run. He said some of the practices are unfair. For example at the Somerset County Democratic Convention on Thursday night, there were a few hundred people in the room and there was a concerted effort to get to keep the press out of the room. “You need to have sunlight on things like this,” he said. 

Kim doesn’t get to vote on state legislation like the Open Public Records Act, but he said he is concerned both as a resident of the state and as a member of Congress. 

“The fact that they’re trying to fast-track this when there clearly are some real concerns here…” Kim said. “Not only is it legislation that could damage transparency and accountability in New Jersey, it’s being fast-tracked in a way that is preventing the kind of rigorous public scrutiny and debate it deserves.”

Kim said the legislation affects all citizens of the state, and his work at the federal level.

“A lot of what we do is to provide funding back to the state, whether that’s infrastructure funding or COVID relief or other things like that,” Kim said. “I want to know how it’s being used. I want to know, and make sure that we have the transparency at the state level to ensure that that the work that we’re doing in Congress that’s intersecting with the state level, is being done with the kind of intent that we have on the federal level.”

When Kim worked in the executive branch at the federal level, he says he observed that when government officials know that their documents and the work they do can be made publicly available, it also adds a check that makes them more accountable. 

“It’s not just about whether or not a journalist or the public can find something out. It’s also about making sure that public officials recognize that the work that they do every day could one day be looked at, and as a result, they should be conducting themselves in the most professional way that is fitting of the job that they hold,” Kim said. “They’re being paid with taxpayer dollars.”

Kim stressed the importance of citizens participating in democracy. Creating more hurdles to public access hinders that.

“More and more, people feel like their government and politics are not something that they can participate in. And that’s something that I’ve tried to change,” he said. “If you don’t have that accessibility, that transparency, that engagement, that’s when people start to feel apathetic. That’s when people start to feel disconnected and start to say ‘Why bother? Why bother voting?  It’s not going to have an impact. I’m not going to be able to have my voice heard.’ And that’s where our democracy hits a real crisis. And right now we live in a time of the greatest amount of distrust in government in modern American history.”

Kim said the county-line ballot system is an example of another process that lack transparency and reinforces the power of political party elites, adding to citizens feeling disconnected. 

“We need a lot more accountability, a lot more transparency, and frankly, a lot more humility in our politics and we need to recognize that the people are in charge,” Kim said. “They are our bosses. they don’t like to be told who to vote for and they don’t like to be told no, you can’t look at what your taxpayer dollars are paying for in terms of  government work in action.”

Tammy Murphy with Assemblyman Joe Danielsen, the sponsor of the OPRA bill in the Assembly, at the Somerset County Democratic Convention.