APP editorial - Brewer v. Middletown: Don't contest benefits ruling

I don't know how many of you saw this Asbury Park editorial last week concerning the Brewer v. Middletown case, in which the NJ Superior Court Judge Lawrence M. Lawson, ruled that Middletown must release employees' personal health insurance information. His ruling established that this personal info was  indeed public information and the release of it is applicably to all of Monmouth County. The APP in its editorial, urged Middletown to comply with Judge Lawson's ruling and not contest it.

When the ruling was announce three weeks ago Middletown officials still wasn't sure if they would comply with it or not, leaving open the possibility of appealing Judge Lawson's decision to a higher court.

According to an Asbury Park Press article published on the 15th, the Middletown's Township Committee intended to discussed or comply with Judge Lawson's ruling at its January 21st (moved to the 23rd) meeting. I was present for that night's meeting and nothing publicly was said about the case. I've since learned that the case was discussed during Executive Session that night.  I'm wondering if a decision was made as to whether or not they will comply or appeal and when they will announce it.

Appealing the case to a higher court would be a huge waste of time and tax dollars, they will surely lose at the appellate level also. And if Middletown loses the appeal then the appellate court decision will have application statewide, whereas  the Jan. 7 decision applies to only Monmouth County.

I believe Middletown has 30 days from the time of the ruling to comply or appeal. Time is running out.

Below is the APP editorial "Don't contest benefits ruling" for those that haven't read it as of yet:

"When taxpayers are being asked to foot the bill for the medical benefits of part-time public officials, they have a right to know who is drawing those benefits and how much they cost.

That common-sense position now has the force of law, thanks to state Superior Court Judge Lawrence M. Lawson’s recent ruling that Middletown, which provides a group health plan for its employees, must disclose the names of those who are enrolled, and the cost and type of coverage elected by each employee.

A township resident, Lee Brewer, made a request under the Open Public Records Act for the names of everyone, including employees, retirees and appointees, who received health coverage from Middletown since Jan. 1, 2008.

While Brewer got most of the information he requested, the names of the people receiving the health coverage were redacted. He sued to get the employees’ names, job titles and the coverage they selected.

Lawson’s decision should move the state one step closer to prohibiting self-insured towns from providing medical benefits to part timers.

Reforms in 2010 prohibited new part-time government employees and elected and appointed officials enrolled in the State Health Benefits Plan and State Educators Health Benefits Plan from receiving health benefits.

In Monmouth County, more than half the municipalities are not enrolled in the state plans. In Ocean County, 13 of 31 are not enrolled, and thereby exempt from the health benefits prohibition for part timers.

There may be legitimate reasons for towns, school districts and authorities to either self-insure or participate in joint plans with other towns rather than enrolling in a state health benefits plan. Hiding the identities of part timers still collecting health insurance isn’t one of them.

Middletown officials plan to discuss whether to appeal Lawson’s ruling or comply with it at the Township Committee meeting on Thursday, Township Attorney Brian Nelson said.

They should comply and let Lawson’s decision stand as a wake-up call to other self-insured municipalities that would seek to keep the same information about their employees confidential.

Middletown’s arguments are specious at best. Township officials say they are concerned about violating the Health Insurance Portability and Accountability Act (HIPAA) and the Employee Retirement Income Security Act (ERISA), which can carry substantial federal fines for violations such as revealing an employee’s personal information.

Nobody is asking for a list of conditions for which employees sought coverage. And the township’s argument failed to address precisely which elements of HIPAA or ERISA specifically prohibit the release of the health care information requested.

Lawson’s court ruling was a victory for all taxpayers on the hook for health care benefits for part-time employees in their towns. The sooner more information is available about who’s feeding at the trough, the sooner such abuses will end."

Brewer v. Middletown: Court orders Middletown to release employees' personal health insurance information

Middletown has long declined to reveal the names of those enrolled for township health benefits, while many other towns as well as Monmouth County, have taken the position that the information is public. NJ Superior Court Judge Lawrence M. Lawson in last week's ruling, established that the info is indeed public and is applicably to all of Monmouth County.

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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Buono Statement on Marriage Equality Ruling

New Brunswick, NJ - Democratic gubernatorial candidate Barbara Buono released the following statement following the Superior Court's decision legalizing marriage equality in New Jersey:

"Today's decision reaffirms that all New Jerseyans, no matter who they love, deserve the right to marry. It is a tremendous victory for everyone who believes in equality.

"It is also a stark reminder that Governor Christie stands on the wrong side of history. At every turn, he has prevented our gay brothers and sisters from enjoying the same rights as other New Jerseyans. He must now make a decision whether to continue to be an obstacle or to be part of the solution.

"The courts have spoken and the people have spoken. It is time for Chris Christie to stop blocking equal rights for all New Jerseyans."

White Castle Update: The Fight Isn't Over, Middletown Planning Board Intends to Appeal Judge's Decision

Since learning last week that the NJ Superior Court and Judge Lawrence Lawson, overturned the decision of the Middletown Planning Boards to deny the fast food chain White Castle from building a restaurant on an undersized lot located between Main Street and Wilson Ave., on highway 36 in Port Monmouth, I’ve been in contact with Chestnut Street resident Shannon Ecklof. Ecklof has been leading the fight against White Castle sliding into the lot that butts up to his back yard and wrote the letter, ”They can’t fit 10lbs of White Castle in a 2lb bag” that appeared on this blog back in March of 2012. He has informed me that he and his neighbors haven’t given up on their fight against the White Castle.


Shannon informed me that he and his neighbors knew of Judge Lawson’s decision on the day it was handed down last month and that their attorney attended the April 3rd meeting of the planning board in response to discuss it.

At the planning board meeting, their lawyer asked the board if they had any plans to appeal Judge Lawson’s decision. After a brief discussion, it was decided by unanimous vote that the planning board would appeal.
I was also informed that they (Shannon and others) have since met in the Mayor’s office, where they were told by mayor Scharfenberger, the township would not appeal unless they thought they had a good chance of overturning Judge Lawson’s opinion. They would not waste tax payer’s money fighting a lost cause because of public scrutiny over township spending, but they were confident in a positive outcome and an appeal should be forthcoming.

For Shannon Eckof and others that live in the vicinity of where the White Castle wants to build, the news that the township and planning board are planning to appeal is welcomed. As a matter of law (and common sense in my opinion), it would seem that the planning board was right to deny White Castle’s application, it just doesn’t make sense to cut corners in order to squeeze a site plan that would normally require a 3 acre parcel of land onto a lot half that size.

Depending on the courts, the appeal of Judge Lawson’s decision could take anywhere between 6 months to 2 years to be heard according to Ecklof’s attorney. So don’t expect to be driving into a White Castle location in Port Monmouth anytime soon, it could be awhile or not at all.

We’ll keep you posted.

White Castle Coming To Port Monmouth; NJ Superior Court Overturns Middletown Planning Board Application Denial

It looks as though White Castle will be "sliding" a restaurant onto a vacant piece of land between Main street and Wilson Avenue in Port Monmouth after all. After having their application denied by the Middletown Planning Board last year, White Castle System, Inc. appealed the decision to the New Jersey Superior Court and on March 26th of this year, the NJ Superior Court ruled in favor of White Castle and overturned the Middletown Planning Board.


The ruling by the Superior Court states that all preliminary and final site plan approvals, including site design waivers, to permit White Castle to construct and operate a  restaurant with a drive-thru on property has been approved by the court and can move forward.

It seems now that the area residents, who strongly opposed the construction of the White Castle, will need to hire their own attorney if they wish to continue their fight and appeal the decision of the Superior Court that will be built in their backyards.

Below is the notice of the Courts decision that appeared in the pages of the Asbury Park Press public notice section yesterday:

TOWNSHIP OF MIDDLETOWN

NOTICE OF DECISION PLEASE TAKE NOTICE that the Superior Court of New Jersey, by its Order dated March 26, 2013, resulting from an action entitled White Castle System, Inc. vs. Planning Board of The Township of Middletown, Docket No. MON-L-2139-12, reversed the April 4, 2012 denial by the Township of Middletown Planning Board of White Castle System, Inc.'s ("Applicant") application, and granted preliminary and final site plan approval, including site design waivers, to permit the Applicant to construct and operate a White Castle restaurant with a drive-thru on property located at 382 Route 36, Township of Middletown, Monmouth County, New Jersey, also known as Block 533, Lots 4, 5, 6, 7 and 15 as shown on the current Tax Map of the Township of Middletown. A copy of the Order with respect to the above matter is on file for public inspection in the office of the Planning Department located in the Town Hall, 1 Kings Highway, Middletown, New Jersey, during regular business hours (8:00 a.m. to 5:00 p.m), Monday through Friday. By: Price, Meese, Shulman & D'Arminio, P.C. Attorneys for Applicant, White Castle System, Inc. By: Reginald Jenkins, Jr., Esq. ($35.00) 721344
Public Notice ID: 20058532