Sen. Pennacchio Says NJ Needs To Open The Books On COVID Pandemic

ESSEX COUNTY, NJ — According to Sen. Joe Pennacchio, there needs to be more public access to vital records amid the coronavirus pandemic in New Jersey. And the administration of Gov. Phil Murphy needs to stop “stonewalling” lawmakers and journalists who try to get them, he says.

On Wednesday, Pennacchio, a Republican who represents the 26th district in the state Legislature, accused the governor of “hiding” behind the state’s Health Powers Act to deny Open Public Records Act (OPRA) requests for information about pandemic response efforts.

Currently, correspondence, records, reports and medical information filed pursuant to the act are not considered public records subject to OPRA, and cannot be reviewed, the senator said.

Indeed, crucial pandemic-related information – including records about protective gear stockpiles at hospitals and nursing homes – has been denied for release over the past year despite the criticism of several major news outlets.

While the end of the public health emergency should eliminate those exemptions going forward, Pennacchio said legislation being advanced by the Democratic majorities would allow Murphy to cease the emergency next month – while also keeping many of his powers until 2022. Many executive orders would be codified by law, allowing the Murphy administration to retain many of their powers, including controlling social distancing and masking rules.

• See related article: NJ May End Health Emergency, But Gov. Murphy Could Retain Power

But according to Pennacchio, that shouldn’t include controlling the flow of crucial public information, too.

“We had 10,000 people die in our nursing and veterans home because of Gov. Murphy’s bad decisions, but we couldn’t get important information from the administration to help guide policy changes that could have saved lives,” Pennacchio said.

“That shouldn’t have happened during the coronavirus pandemic, and it should never happen again,” he urged.

In an attempt to smash through the OPRA-related roadblock, Pennacchio has thrown his support behind a proposed law, S-2751, that would lift restrictions on access to public and government records during public emergencies such as the coronavirus crisis.

The bipartisan bill also counts Democratic lawmakers among its sponsors, including Sen. Loretta Weinberg (District 37) and Sen. Joseph Vitale (District 19).

The legislation was approved by the New Jersey Senate in September 2020. It is currently pending consideration by the General Assembly.

Pennacchio has been a vocal critic of Murphy’s response to the COVID-19 crisis, including his recent decision to leave the state’s indoor mask policy in place, and the handling of outbreaks in nursing homes at the onset of the pandemic.

The state’s 26th district includes Butler, Fairfield, Jefferson, Kinnelon, Lincoln Park, Montville, Morris Plains, North Caldwell, Parsippany-Troy Hills, Rockaway Township, Verona, West Caldwell and West Milford.

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