We filed a public records request for the OPRA log from Eilzabeth, N.J., and this is what we got back

Back in November, Elizabeth Mayor Christian Bollwage complained on X (formerly Twitter) about mayors being overwhelmed by public records requests from private firms doing data mining. In response to his tweets, we thought we should look at what kinds of public requests Elizabeth receives because we truly want to understand the challenges municipalities are facing when it comes to fulfilling public records requests. So we filed a public records request with the clerk of Elizabeth for the log of public records requests the city received for a month.

You could not be more wrong in this statement..Many mayors are overwhelmed by private firms mining for information…Yet you have the power of the pen and will be heard https://t.co/HA2lDMXUaf

— Chris Bollwage (@MayorBollwage) November 29, 2023

Elizabeth is the fourth largest city in New Jersey, with a population of about 135,000. Bollwage has been the mayor since 1992 and takes credit on the city’s website for creating a more efficient city government.

What we received in response to our request surprised us given the size of the city and all the technology options available these days. The city’s log for public records requests made under the Open Public Records Act (OPRA) is maintained using a pen and a legal pad.

In response to our OPRA request, we received a scan of a photocopy of an 11-page, handwritten log and a letter confirming that our request was complete. The letter, written on city stationery with the city seal, was scanned and sent to us along with the scans of the photocopies of the OPRA log, plus scans of copies of requests for accident reports and a scan of our original email requesting the records.

We emailed the clerk’s office and Bollwage to find out why the city uses a pen and paper to log and track requests instead of a computer system. We did not receive a response from the clerk’s office or the mayor.

The log shows Elizabeth received about 360 public records requests for August 2023. The log was only for one month, but we didn’t see a flood of data mining requests to Elizabeth, at least not what we consider data mining.

More than half of the requests were for records related to individual properties in the city. Many requests were made so information could be verified for a home sale. The requests were from many individuals, not one or several companies that harvest data for commercial purposes.

More than three dozen requests were for information related to court cases.

There were also public records requests for each of the following:

• collective bargaining agreements
• information about cannabis retailers
• the salary information for officials
• information about delinquent taxes
• overdue sewage bills
• the Elizabeth River Trail
• grants
• streetscape plans
• police body camera footage
• building permits
• liquor licenses
• solar information
• road resurfacing project information
• Elizabeth City Council member information
• information about individual tax liens
• a request about an uncashed check
• information about a port security grant

Two law firms filed a weekly OPRA request for motor vehicle accident reports. Under the law, agencies can charge $5 for such accident reports if the requests are not made in person.

A company named Ecolab that does food safety audits for eateries requested health inspection reports for 18 eateries in Elizabeth – with each eatery logged as a separate OPRA request. It’s unclear why the company filed 18 separate requests instead of just one listing all of the eateries it was seeking information on.

The log raises questions about why Elizabeth and other municipalities don’t have an online system to access records requested frequently by the public. If the city had an online database for property information, more than half the OPRA requests would be unnecessary. Likewise, all restaurant health inspections could be posted online. An online portal could also be created to access motor vehicle accident reports.

Some towns in New Jersey post their OPRA requests and most responses online. This way, the public can see what is being requested, and download the documents, sparing the records custodian from creating a duplicate request if someone has already asked for it. Belmar is one of several municipalities that post requests and responses online. The system is easy to navigate, is searchable, and includes links to documents provided in response to requests.

For property records, lawyer CJ Griffin has pointed out that New York City has an online portal where citizens can look up real estate permits and violation information. Such a portal would eliminate the need for the many OPRA requests.

Here's what NYC's portal looks like. No need to file a request b/c you can look up permits & violations, which you need for every home purchase

If the Legislature funded software, it'd drastically reduce the number of requests agencies receive! Heck, start with a pilot program https://t.co/COIapu4J1X pic.twitter.com/wakRsOdwfs

— CJ Griffin (@CJGriffinEsq) March 10, 2024

Given the variety of technology available, it would be good to understand why Elizabeth still uses pen and paper. It would also be helpful if the mayor shared the statistics and records that support his claims about the data mining requests he refers to when he complains about OPRA.

A bill being considered by the New Jersey Legislature would roll back the public’s right to know. Supporters of the bill claim the goal of the bill is to target data miners. However many of the bill’s provisions restrict public access to records and the ability of citizens to challenge public records denials.

Good government advocates are calling on legislators to table the bill and create a “Sunshine Commission” that reviews hard data to come up with solutions to strengthen OPRA, rather than basing changes in the law on anecdotes.