Jersey STAND Framework - Core Provisions
Core Provisions
What is the Jersey STAND Framework?
State Transparency and New Jersey Data Access or STAND is a series of common-sense advances in citizen access to New Jersey public records, inspired by the work and challenges of many activists, journalists, and citizens alike, which we would like to see inform new data access legislation at the state level.
1. Standardized Electronic Records Creation and Submission
All public records required to be submitted to the State of New Jersey by state, local, or regional authorities shall be created and submitted in electronic format suitable for public access, search, and analysis.
Records containing both public and redactable information shall be submitted in:
A redacted public-facing version; and
An unredacted version for official use and retention.
Intentional paper-only workflows for public-facing records are prohibited absent documented necessity.
2. Mandatory State Hosting and Retention of Public Records
Public records submitted electronically to the State that do not contain redactable information shall be hosted on a state-operated, publicly accessible website for immediate review.
Such records shall be retained and accessible in perpetuity in accordance with uniform state records retention and archival standards.
3. Statewide Public Records Clearinghouse and Search Infrastructure
The State shall create and maintain a centralized public records clearinghouse providing free public access to electronic public records across agencies.
The clearinghouse shall:
Support keyword search of OCR-converted documents;
Comply with recognized library, archival, and accessibility standards; and
Prohibit per-user, per-search, or per-document fees for individual users.
Fees may be imposed only for commercial or bulk-use access.
4. Uniform Records Retention, Digitization, and Preservation Standards
The State shall adopt uniform records retention and digitization standards applicable to all agencies and political subdivisions.
Such standards shall:
Require timely digitization of records subject to public access;
Prohibit destruction or non-retention practices designed to avoid disclosure; and
Ensure consistency across agencies and jurisdictions.
5. Professionalization, Training, and Certification of Records Access Roles
The State shall standardize job titles, classifications, and responsibilities related to public records access.
Requirements shall include:
Mandatory training in public records compliance;
Periodic certification for senior records officers; and
Public reporting of training completion and compliance rates.
Hiring and evaluation practices shall prioritize demonstrated competence in records law and public communication.
6. Minimum Standards for Agency Communication and Responsiveness
Each state agency shall provide live telephone support during designated business hours and shall limit reliance on automated answering systems.
The State shall establish:
Maximum wait times;
Callback and response-time standards; and
Performance metrics tied to specific employee roles.
Agency compliance shall be subject to reporting and review.
7. Timeliness Standards, Presumptive Disclosure, and Fee Reform
Failure to respond to a lawful public records request within statutory timeframes shall result in presumptive approval unless a specific exemption is timely asserted.
This provision shall also:
Limit fees for electronic records;
Prohibit labor charges for routine processing;
Require fee waivers for public-interest requests and individual requesters; and
Require written justification for any extensions or denials.
8. Clarification of FERPA–OPRA Interaction and Redaction Limits
The State shall adopt binding guidance clarifying the interaction between FERPA and OPRA.
Such guidance shall:
Prohibit categorical or blanket denials;
Require disclosure of anonymized or de-identified data where lawful; and
Limit redactions to information explicitly protected by statute.
Education authorities receiving public funds shall be bound by this guidance.
9. Statistical Analysis Obligations Where Redaction Prevents Access
When lawful redaction of public records prevents meaningful statistical analysis, the redacting authority shall, upon request, perform and disclose the requested statistical analysis using the unredacted data.
Such analysis shall:
Not be deemed the creation of a new record;
Be limited to reasonable, clearly defined requests; and
Be provided without charge beyond actual cost.
Disputes regarding scope, methodology, or feasibility shall be resolved through mediation administered by the Government Records Council.
10. Modernization of OPRA Request and GRC Intake Systems
The State shall modernize both the OPRA request form and the Government Records Council complaint intake process in accordance with accessibility, usability, and plain-language best practices.
Modernization shall include:
Clear guidance for pro se users;
Status tracking and confirmations;
Mobile and assistive-technology compatibility; and
Simplified submission and documentation requirements.
11. Reform of Public Access Redress and Enforcement Mechanisms
The public access redress process shall be reformed to ensure timely, accessible resolution of denials or delays.
Reforms shall include:
Simplified GRC procedures designed for pro se complainants;
Plain-language decisions;
Publicly searchable, anonymized determinations; and
Oversight by a citizen advisory board tasked with improving fairness and usability.
12. Public Access Manager and Emergency Intervention Authority
The State shall establish a paid Public Access Manager authorized to intervene in urgent circumstances involving agency non-responsiveness.
The Public Access Manager shall:
Obtain real-time communication with agencies;
Compel acknowledgment and response within defined timelines;
Document noncompliance; and
Refer repeated violations for enforcement action.
Urgent circumstances shall include matters involving health, safety, education, housing, benefits, or imminent legal or financial harm.