Monday, January 25, 2010

N.J. Supreme Court sides with Asbury Park Press in disclosure case: Time to find out how much Middletown paid in Garcia Vs. Parkinson

Note: This ruling today is a big win for advocates of open government, transparency and taxpayers. We all have a right to know how our tax dollars are being spent and if those dollars are being wasted by corrupt officials.

For the past few years residents in Middletown have been questioning how much the Township paid to
settle a sexual harrasment charge against former Mayor Patrick Parkinson that was brought by the former Township Clerk, Rosa Garcia. They had been told only that legal fees and a settlement had been paid to Ms. Garcia.

All OPRA requests had been denied based on privacy concerns. With the ruling today however that all changes and I can't wait to find out how much it cost taxpayers of Middletown to settle the sexual harrasment suit against Parkinson and others.

Asbury Park Press - Monmouth County must make public the terms of a sexual harassment lawsuit it settled with an employee, the state Supreme Court ruled unanimously today.

The court's decision upheld last year's appellate court ruling in the case, which also said the terms of the out-of-court settlement must be released to the Asbury Park Press and open government advocate John Paff.

The county's attorney had argued the terms of that 2007 agreement between the county and one of its engineers, Carol Melnick, should remain private.

Among the county's arguments was that a clause in the state's Open Public Records Act allows information about sexual harassment complaints to be closed from the public.

But today, the court said disclosure of the terms of the settlement in this case would not violate any reasonable expectation of privacy....

Read more >>> Here

To read the opinion of the NJ Supreme Court click >>> Here

4 comments:

Anonymous said...

Curious to see how this plays out in Middletown. The Supreme court wasn’t ruling on the Middletown / Garcia case specifically … but it certainly seems like the ruling could mean that the residents of Middletown now have the ability (legally) to find out the terms of the settlement of this case. By “terms” of the settlement, I think they just mean the monetary amount, right? I am assuming other details will remain private.

Also, just because someone “settles” a suit against them, it doesn’t necessarily mean they are guilty of anything. A settlement is usually the best course of action for EVERYONE involved (& the course of action recommended by the ins co’s).

MiddletownMike said...

I think all that anyone is really interested in is the monetary amount of the settlement, the details of the case isn't what is important (but where there is smoke there usually is fire).

Just tell us how much it cost us for this abuse of power.

Anonymous said...

The "sun will only shine" in Middletown if a legal challenge is made. The republicans here are "thick as
mud". and they cover each others behinds regardless of the offenses they commit.

Anonymous said...

"Just tell us how much it cost us for this abuse of power."

I want to preface my comment by saying I am taking no sides on this issue.

Be careful! If you are talking about the sexual harassment claim ... it is an "alleged" abuse of power.

I would like to know how much the taxpayers had to pay for this too. (hopefully they had proper ins coverage and only had to pay a small deductible).


When I was in college, I remember reading a headline: "Rapist pleads not guilty." I am sure that individual was probably scum, and if he did commit the