How to File a Public Records Request in Chatham, New Jersey

What Is the New Jersey Open Public Records Act (OPRA)?

The New Jersey Open Public Records Act (OPRA), codified at N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404, most recently amended by P.L. 2024, c. 16), guarantees the public's right to inspect, copy, and examine government records maintained by public agencies across the state. OPRA replaced the state's older 'Right to Know Law' and substantially expanded access rights. The law applies to municipalities, counties, school districts, public authorities, and state agencies.

Under OPRA, a 'government record' is broadly defined as any document — paper, electronic, photograph, map, data, or recording — made, maintained, or kept on file in the course of official business by a public agency. Examples include meeting minutes, building permits, municipal contracts, budgets, emails among officials, police incident reports, and tax records. All such records are presumed public unless specifically exempted.

Key exemptions include criminal investigatory records, personnel files protected by law or contract, attorney-client privileged communications, deliberative materials, and records whose release would jeopardize security or individual safety. Critically, the burden of proof to justify any withholding falls on the public agency — not on the person requesting the record. Any limitation on access must be construed narrowly in favor of disclosure under N.J.S.A. 47:1A-1.

Read the full text of the Open Public Records Act (OPRA) (N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404, as amended by P.L. 2024, c. 16))

How to File a Public Records Request with the City of Chatham

How to Submit Your Request

To file an OPRA request with Chatham Borough, download the official OPRA Request Form from the Borough Clerk's public records page at chathamborough.org. Complete all required fields, sign and date the form, and submit it to the Borough Clerk's Office. Submissions are accepted in person at Borough Hall (54 Fairmount Avenue), by mail to the same address, or electronically by emailing the completed form to [email protected]. The seven-business-day response clock begins the day after the custodian receives a complete, properly submitted request. Do not submit your request by telephone — oral requests are not valid OPRA requests and do not trigger the law's protections or deadlines. Requests must be directed to the Borough Clerk, who is the official records custodian under N.J.S.A. 47:1A-5.

Download Required Form

What to Include in Your Request

• Your full name, mailing address, and a contact email or phone number
• A specific and clear description of the government record(s) you are requesting
• The preferred format for receiving records (e.g., electronic PDF via email, or paper copies)
• A certification that you have not been convicted of an indictable offense involving the victim whose records you seek
• A statement of whether the records are sought for a commercial purpose (commercial requests have a 14-business-day deadline)
• A statement of whether the records are sought in connection with a legal proceeding (required by P.L. 2024, c. 16, effective September 3, 2024)
• Your signature and the date the request is submitted

Response Deadlines and What to Expect

Under N.J.S.A. 47:1A-5(i), the Borough of Chatham's Borough Clerk must grant or deny access to a requested government record within seven business days of receiving a properly submitted OPRA request. Day one of the clock is the business day following the custodian's receipt of the request. For commercial-purpose requests, the deadline is 14 business days, and the custodian must notify the requester of the extended timeline within the initial seven business days.

A 'response' under OPRA means the custodian must take action — granting access, providing the records, issuing a written denial with a legal basis, requesting clarification, or notifying the requester of a reasonable extension. Simply acknowledging receipt without taking one of these actions does not satisfy the law. If the custodian needs additional time because the records are in storage or require extraordinary handling, they must notify you in writing of the extension and the new expected date. Failure to respond at all within seven business days is treated as a deemed denial of the request.

Fees for printed copies are set by statute: $0.05 per page for letter-sized documents and $0.07 per page for legal-sized documents under N.J.S.A. 47:1A-5(b). Electronic records delivered via email are provided at no cost. If a request is unusually complex, the Borough may impose a special service charge, but must notify you of the amount before proceeding and you have the right to object.

What to Do If Your Request Is Denied or Delayed

A denial or non-response from the Borough of Chatham does not have to be the end of the road. New Jersey's OPRA includes one of the more robust appeals frameworks among state public records laws, and understanding your options can make the difference between obtaining the records you need and walking away empty-handed.

Common reasons for denial include claimed exemptions (such as personnel records, criminal investigatory files, or attorney-client privileged documents), an overbroad or unclear request that the custodian cannot specifically identify, or — less legitimately — a misapplication of the law. Under OPRA, the Borough bears the burden of proving that a withheld record is actually exempt. If you receive a denial, the custodian must provide you with the specific legal basis for the denial in writing under N.J.S.A. 47:1A-5(g). If no reason is given, that itself may be grounds for appeal.

If seven business days pass without any response, that silence constitutes a deemed denial under OPRA, and you may immediately pursue an appeal.

You have two formal appeals paths — but you must choose one and cannot pursue both simultaneously. The Government Records Council (GRC) offers a free administrative process with no filing deadline, making it accessible to all requesters. However, GRC proceedings can take 18 to 24 months. The Superior Court route is faster — typically resolving in 2 to 3 months — but you must file within 45 calendar days of the denial. OPRA includes a fee-shifting provision: if you prevail in court, the Borough may be required to pay your attorney's fees, which means some attorneys take OPRA cases on contingency at no upfront cost to you.

Steps to Appeal

1. Review the denial: Confirm the custodian provided a written denial with a specific legal basis as required by N.J.S.A. 47:1A-5(g). If no reason was given, or if seven business days passed with no response (a deemed denial), your right to appeal is triggered.
2. Contact the Borough Clerk directly: Informally clarify whether there was a misunderstanding, whether your request was too broad, or whether you can narrow or reframe it to obtain the records you need. A revised, more specific request sometimes resolves the issue quickly.
3. File a complaint with the Government Records Council (GRC): Submit a Denial of Access Complaint to the GRC, the state administrative body that oversees OPRA compliance, at nj.gov/grc or by calling 1-866-850-0511. The GRC process is free and has no filing deadline. Note that GRC proceedings may take 18 to 24 months to resolve.
4. File a complaint in NJ Superior Court: Alternatively (not in addition to the GRC), file an action in lieu of prerogative writ in Morris County Superior Court within 45 calendar days of the denial under N.J.R. 4:69-6(a). Superior Court proceedings typically resolve in 2 to 3 months.
5. Seek attorney's fees: If you prevail in Superior Court, OPRA's fee-shifting provision allows you to seek recovery of attorney's fees under N.J.S.A. 47:1A-6, provided you can establish a 'causal nexus' between your lawsuit and the agency's release of records. If the agency failed to respond at all within seven business days, the burden shifts to the agency to prove your lawsuit was not the catalyst for disclosure.
6. Appeal a GRC or court decision: Any decision by the GRC or Superior Court may be appealed to the Appellate Division of the New Jersey Superior Court. You have 45 days to file such an appeal.
7. Consider the common law right of access: Even if OPRA does not require disclosure, New Jersey's common law right of access may independently require production of certain records. Common law challenges must be brought in Superior Court, not the GRC.

Types of Records You Can Request from Chatham, New Jersey

As a New Jersey borough, Chatham maintains a wide range of government records that are presumed open to public inspection under OPRA. The following types of records are commonly requested from municipal governments like Chatham Borough.

• Building and construction permit applications, approvals, and inspection reports
• Certificates of Occupancy and Certificates of Continued Occupancy (CCO)
• Mayor and Borough Council meeting minutes, agendas, and resolutions
• Municipal budgets, financial reports, and audit documents
• Contracts and agreements between the Borough and private vendors or service providers
• Zoning approvals, variance applications, and Planning Board decisions
• Police incident and accident reports (subject to applicable exemptions)
• Tax assessment records and property tax information
• Borough employee salary information and compensation data (as permitted by law)
• Environmental commission records and open space management documents
• Public works project bids, bid tabulations, and contractor awards
• Legal invoices and outside counsel expenditures by the Borough
• Health Department inspection reports and permits
• Redevelopment plan documents and affordable housing records
• Communications (emails, memos) among Borough officials regarding public business

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Borough of Chatham to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Chatham