This ruling is a clear victory for open government advocates and those that have been calling for Middletown to be more forth coming and transparent in disclosing information that residents and tax payers have a right to know.
From the Asbury Park Press:
MIDDLETOWN — A state Superior Court judge has ruled that a township man is entitled to public records showing which township employees receive taxpayer-funded health care coverage after officials denied a request for the documents.
Judge Lawrence M. Lawson ruled that the township, which provides a group health plan to its employees, must disclose the names of employees who are enrolled, the type of coverage elected by each employee and the annual cost of coverage for each type of election, under common law access rights.
Township officials plan to discuss whether to appeal Lawson’s Jan. 7 ruling or comply with it at the Township Committee’s Jan. 21 meeting, Township Attorney Brian Nelson said.
Township officials are concerned with violating the Health Insurance Portability and Accountability Act (HIPAA) and the Employee Retirement Income Security Act (ERISA), which can carry substantial fines for violations such as revealing an employee’s personal information, Nelson said.
“We fear an employee could file a complaint with the federal government, which has significant penalties if we release information,” Nelson said. “The problem here is we have have a series of (records) requests where people could put the information together and figure out the claims data.”
However, Walter Luers, president of the New Jersey Foundation of Open Government and attorney for resident Lee Brewer, who filed the suit, disagreed that the requested information would put the township in jeopardy of violating HIPAA. Luers said he was confident the decision would be upheld if appealed. The suit was filed in July.
“It’s exactly what we wanted,” Luers said of the decision. “In (public records) cases like this, once the trial judge makes a decision, it’s usually affirmed on appeal. Judge Lawson’s decision is pretty firm.”
Brewer, of Crawford Road, made a request July 5 under the Open Public Records Act and common law for the names of everyone, including employees, retirees and appointees, who were enrolled for health coverage with Middletown Township since Jan. 1, 2008, according to the lawsuit. Brewer also had asked to be informed about whether the coverage was for a single person or for additional family members, and the cost of the insurance to the township, according to the lawsuit.
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16 comments:
Take that Tony!
I'm still waiting for those emails between you, the Christie's, and the headmaster of Trinity School.
Those should be very interesting...no?
Administration in Middletown thinks it can operate by it's own rules and to hell with the law. Remember this is the " Christie gang ".....and how many legal fees will the taxpayers be paying because of that attitude ?
Seems like an invasion of privacy to me. Who needs to know which employees have what coverage?
Middletown taxpayers!
How many people are getting benefits they are not entitled to is really the question here.
Patronage and the audacity of republican politics and politicians in this community should concern EVERY TAXPAYER !!!!
Ethics and truthfulness are not strong points in government today in Middletown.
Mike -
But why, exactly? So a taxpayer can make an issue of a clerk with three kids electing to get a PPO instead of a less expensive HMO? I believe the township is only obligated to release a list of the number of employees using the insurance, the type of coverage, and the number of dependents for each employee. As for the title of the employee and their name - hell no, that should be private under the HIPAA laws. Let me tell you something - the amount of an employee's contribution has gone up every year. Yeah, it's not as much as a lot of employees in the private sector but those township employees are definitely paying for their insurance coverage in each paycheck. Their hourly pay is lower than the private sector and they are not even being paid for a 40-hour week. Maybe some of the public doesn't realize that we (yes, WE - I'm one of those evil, much maligned public workers) are paid for 35-hour weeks without the benefit of being paid for overtime. So please, tell me what benefit Mr Brewer would get from having my name, my number of dependents and my coverage.
I do not think it is the employees that are the main interest of this inquiry. Rather the politicians and political appointees that would be exposed.
I would be interested in knowing more about the first poster's comment and what is going on with that. Some type of political collusion at the expense of the taxpayer?
Anon 11:34,
First off, Judge Lawson ruled that releasing the names of everyone who receives health benefits from Middletown does not in any form violate HIPPA laws.
I agree with commentator 3:28. This has nothing to do with the average township worker who is working extremely hard and getting little in return. This is more about finding out if everyone who collects health benefits from Middletown are rightfully eligible to receive them.
It had been stated by Tony Mercantante and others that sit on the Township Committee that Middletown pays on average $30,000 per employee for health benefits. That's an obscene and grossly over the top number when compared to the private sector. Employees and taxpayers are being bulked.
Sounds like it's time for Middletown to cover it's employees through an insurance company....not self insurance as it does now.
We already are aware that the politicians cannot be trusted to tell the truth in this town about anything!
The elected state republican officials aren't trusted much today either now are they ???? Skating on pretty thin ice ,the whole lot of them.
What, I and other township workers have to be penalized and give up our privacy because Brewer (and others) have a vendetta against politicians and political appointees? That's awful. That $30,000 per employee average is definitely over-quoted and applies to an employee with a family plan; employee only and employee/spouse are much less. As for anyone on the committee receiving medical benefits? They gave that up a long time ago. And Mike? Thank you for your remark about the average township worker working extremely hard and getting little in return. This worker appreciates your support.
Anon 7:59,
Unfortunately those that work for government entities have little right or expectation to privacy. Taxpayer rights to know how their money is being spent trumps any right to privacy that a government employee might have.
And yes, you're correct, I and others know that those on the dais no longer receive health or pension benefits. This law suit, to my knowledge, is more about finding out if other who are not legitimate township employees, such as lawyers, lobbyist or other type of township contractors are receiving them. The Township has refused in the past to answer that question.
And thank you for your appreciation, I do support the workers of Middletown and their efforts to make Middletown a better place to live. Far to often the likes of Gerry Scharfenberger and Tony Fiore try and use the employees and/or their unions as scapegoats for what ails local government when in fact the problems with government are often brought on by those running it. It's easy to blame other and point the finger in someone else's direction, it's much much harder to get those same people to point the finger at themselves. You just have to look at the governor today to see a fine example of that!
So let me ask you Mikey, if you don't believe it when you are told that only eligible employees and retirees (and their eligible dependents) are covered, how are you going to believe it when the same people that give you that information give you a list with the eligible employees names?
Are you going to believe the list?
Are you going to post this information on your blog here?
If I receive the information in a format that I can use I'll post the information regardless of its content.
Anon 6:07, when are you going to show some respect for others ?? Addressing Mike as Mikey is classic of your arrogance and your looking down on others who DO NOT AGREE with you. I ask....just who in hell do you really think you are ???????
I'll tell you who and what I think you are.... a low life republican dirt bag. The village scold !!
Anon 7:59 said
"What, I and other township workers have to be penalized and give up our privacy because Brewer (and others) have a vendetta against politicians and political appointees?"
The fact is that you are a public employee and your insurance is paid through everyone's taxes. We have as much right to know what we are spending on your healthcare as we have a right to know how much the superintendent of schools make and what we pay towards his healthcare. The same goes for teachers, cops and you. There needs to be checks, balances and transparency in the public sector. If the township was not required to release the information what would stop them from giving top of the line coverage to their friends and minimal coverage to everyone else. What would stop them from giving healthcare to someone with a no show job? Maybe somewhere like at TOMSA. Not only do we have a right to know, so do you. You should be able to see if you are being treated fairly in comparison to your fellow workers.
You give up certain expectations of privacy regarding how tax dollars are spent on you when you take a job in the public sector.
Besides, these guys play for the "Christie Team" and from I have seen, they play by the same rules he does. His own rules.
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