Senate Republicans to Sue Corzine for Failure to Respond to OPRA Request

Corzine Continues to Stonewall and Hide Public Documents About Budget Deficit

Following the continued failure of Governor Jon S. Corzine to respond as required by law to a December 2, 2008 request for public records made pursuant to New Jersey's Open Public Records Act, Senate Republican Leader Tom Kean and Republican members of the Senate Budget and Appropriations Committee have announced their intention to file a lawsuit against the Governor to force the immediate release of requested documents.

The complaint notes that there is a constitutional requirement that the expenditures of the State not exceed its revenues and that Governor Corzine has acknowledged drops in revenue that meet or exceed the planned surplus for the current fiscal year. At the same time, the Governor has continued to sign new appropriations into law, without indicating how those appropriations will be funded.

Members of the Senate Republican caucus have repeatedly requested documents from the Governor that would demonstrate steps he has taken to maintain a balanced budget, as is constitutionally required. The December 2, 2008 OPRA request that is the subject of the complaint, was one of several attempts by Senate Republicans to obtain information necessary to formulate legislative policy to address the State's declining fiscal situation.

N.J.S.A. 47:1A-6 permits a person who is denied access to a government record to institute a proceeding to challenge such denial by filing an action in Superior Court. N.J.S.A. 47:1A-6 further expressly provides that “[a]ny such proceeding shall proceed in a summary or expedited manner.”

The complaint, by Senate Republican Leader Tom Kean and Senate Budget and Appropriations Committee members Anthony Bucco, Kevin J. O'Toole, Steven V. Oroho and Philip E. Haines, will be filed in Superior Court pursuant to the statute.

Copies of the complaint and a letter to Governor Corzine providing notification of the planned filing of the complaint linked here.