Alleged OPRA Abuse in Wildwood

To The Editor:
This is in response to Deborah McGuire’s story of Nov. 21, “OPRA Abuse Costs Time, Money.” For those who didn’t read the story, the leadership of the City of Wildwood was complaining about the cost of complying with the Open Public Records Act.
I have personal experience requesting public records from all 16 municipalities in Cape May County as well as many throughout south jersey. During 2009 and 2010 I was attempting to gather records to get a handle on how we regulate the taxicab industry in Cape May County. I found almost every municipality to be fast and efficient with OPRA requests, the exception being the City of Wildwood and the Borough of West Wildwood.
I would counter the mayor’s statement, “Unfortunately OPRA is being used in many municipalities as a fishing expedition,” with my own: “In municipalities that are less than forth coming you need to go on fishing expeditions to gather the truth.” After I documented that a number of taxicab license holders in the City of Wildwood were sitting on the licenses and not actually putting a cab on the street, the mayor pushed for and passed the “use it or lose it” taxi ordinance in March 2010. The mayor seemed genuinely surprised that this was going on and would still be unaware if it were not for the Open Public Records Act.
According to the article, the municipal clerk was under the delusion that the City of Wildwood could access special service charges due to what his friends in Middle Township told him. I advise against seeking counsel from the Township of Middle’s government. They have consistently made poor decisions in regard to the public’s rights. For example: In April 2009 Middle Township attempted to shut down the public’s rights to video tape public meetings; a violation of the NJ Supreme Court ruling of 2007 affirming that right. Three years ago, Middle Township police and Middle Township School District violated Seth Grossman’s, Steve Lonegan’s and others’ rights by arresting them while they exercised their constitutional rights to protest at Gov. Jon Corzine’s town hall meeting at Middle Township High School. That cost Middle Township $50,000 and Middle School District $50,000. In other words, it cost taxpayers $100,000.
In addition, fees for the copying of public records quoted in the article are excessive and wrong. In March 2007, Cape May County was sued for excessive Open Public Records request copying fees. In June 2010, the freeholders settled that suit for $132, 647.38. In other words, the taxpayers got stuck with the bill again. Most towns immediately lowered their OPRA fees even before that suit was settled.
In September of 2010, Gov. Chris Christie signed into law OPRA fees at 5 cents per page. I suggest records be requested by email; this way there is no cost to request. Since going into effect in July 2002, court decisions have continually expanded the public’s rights to these records. In May 2009, the appeals court struck down standardized OPRA forms. I would consider the $45,000 the City of Wildwood pays its records custodian a bargain. The cost of not complying is far greater when you consider lawsuits, legacy costs from bad decisions by officials and the exodus of residents due to the perception that they can’t fight city hall.
BARRY FELICE
North Cape May