Why Won't Middletown Tell Us? Why The Mystery Over The Cost Of The New Municipal Complex?

Nearly 5 weeks ago, I posted here that the cost of Middletown's new municipal complex under development had ballooned from the original estimate of $20 million dollars to $54 million.  The new municipal complex was supposed to be discussed at the September 17th meeting of the Township Committee but was pulled from the agenda due to budget concerns from what I was told.  At the time however, township officials scoffed at the figure but wouldn't answer as to whether or not what I wrote was true. Since that time, the Asbury Park Press has written two articles on the subject, the most recent of which appears in print this morning, "Middletown complex cost is a mystery", and it appears that township officials still aren't willing to discuss the cost of the new complex. Why the mystery?

The Asbury Park Press submitted several OPRA requests to the township looking for information on the project only to have those requests denied.  In the Township's response for information, the Asbury Park Press was told that the plans for the complex will be discussed at the Nov. 19th Township Committee meeting (which happens to be conveniently after this Tuesday's election).

Here's my take on the situation, the story in the Asbury Park Press about the how much the new municipal complex will cost is noteworthy on a number of fronts:

First, by denying of the OPRA request, Middletown won’t release to the Asbury Park Press documents that show how taxpayer money will be spent but under an anonymous OPRA request, the township released privacy protected emails to a requester, who appears to have been an appointed committeeman seeking 1st time election to the Township Committee, who and used those emails to send an inflammatory and deceptive, factually inaccurate email using the list which was obtained from the township, Tony Perry.

Second, the Mayor won’t release any information about the  project until after the election. Withholding of information like this is typical for this Township Committee.

And finally, because information about the revised costs of the new municipal complex won’t be released until after the November 6th election, I am convinced that the new price tag of $54 million, which is more than $30 million over what was originally told to us, is correct.

 So much for “taxpayers first.”.  How can anyone trust anything this group of township officials say or do?  I sure can't and neither can a lot of others.

Appellate Court ruling: No residency requirement for OPRA

May 16, 2018

An Appellate Court ruled today that the right to request records under the state's Open Public Records Act (OPRA) is not limited to New Jersey residents. The ruling upheld a lower court opinion in Burlington County and reversed lower courts in Cape May and Atlantic Counties. The three cases were consolidated for the purpose of the Appellate Court's review.

An excerpt from the 5/16/2018 Appellate Court opinion:

"We conclude that the reference to "citizens" — found in N.J.S.A. 47:1A-1 and nowhere else in OPRA — expresses the Legislature's general intent to make New Jersey government records open to the public, rather than expressing an intent to limit access to only New Jersey residents or domiciliaries. Because the more specific provisions of OPRA refer to "any person," and because OPRA is to be construed broadly to achieve the Legislature's over-arching goal of making public records freely available, we conclude that the right to request records under OPRA is not limited to "citizens" of New Jersey."

Today's Appellate Court ruling has statewide application. See NJFOG's website here for background.

Lawrence Twp. Council and Board of Ed. charged with OPMA & OPRA violations

For immediate release
October 5, 2016


Lawrence Township Board of Education and Municipal Council have both been taken to court for allegedly running afoul of the state's open public meetings and records laws.

Filed this September in Mercer County Superior Court as separate actions (docket numbers MER-L-1831-16 and MER-L-1832-16, respectively), the lawsuits are the latest two brought by the New Jersey Foundation for Open Government (NJFOG) to improve governmental compliance with the Open Public Meetings Act (OPMA) and Open Public Records Act (OPRA).

The initial hearing in both cases is scheduled for November 29, 2016, at 10:00 AM and 11:00 AM, respectively, before Judge Mary C. Jacobson in Trenton. The hearings will address OPRA counts, with OPMA counts heard at a later date.

NJFOG began to file lawsuits against public agencies in 2014 for what the organization views as significant violations of the OPMA and OPRA laws. The two new cases follow NJFOG's successful OPMA/OPRA lawsuit against the Trenton Board of Education in Mercer County in 2015 and will be heard by the same judge who presided over the Trenton case.

"We are following up now by reviewing other Mercer County agencies in the wake of the Trenton School Board decision, which should have put other offices in the county on alert," said NJFOG president John Schmidt.

Both Lawrence Township entities were sent warning letters two years ago explaining the deficiencies, but NJFOG’s more recent review of their practices showed ongoing non-compliance with the OPMA and OPRA statutes.

"Ideally, public bodies would self-correct their own behavior when they learn that a neighboring town has been taken to court. That's the ripple effect we're looking for," added John Paff, NJFOG treasurer as well as chairman of the organization's Affirmative Litigation Committee.

NJFOG is represented by attorney Anthony H. Ogozalek, Jr. of Cinnaminson.

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The New Jersey Foundation for Open Government (NJFOG) is the only non-profit organization in the state dedicated solely to improving public access to governmental records and meetings. We work to educate the public about the Open Public Records Act and Open Public Meetings Act as well as increase governmental compliance, transparency, and accountability.

NJFOG: Spotswood BOE meeting minutes don’t make the grade

PRESS RELEASE
For immediate release
September 1, 2016


An initial hearing will be held on September 28 in New Brunswick before Middlesex County Assignment Judge Travis L. Francis for a lawsuit alleging that the Spotswood Board of Education has violated the Open Public Meetings Act (OPMA) and Open Public Records Act (OPRA).

The complaint (docket no. MID-L-4615-16) was filed jointly this August by non-profit organization the New Jersey Foundation for Open Government (NJFOG) and Heather Grieco, who is a member of the organization.

The case is the first lawsuit brought by NJFOG in Middlesex County as part of its statewide affirmative litigation initiative to increase OPMA and OPRA compliance by public agencies. Meetings Act compliance, in particular, is sorely lacking in the state. A favorable ruling in the case would help to strengthen enforcement throughout Middlesex County.

The suit follows a July 7 OPRA request by Grieco for the minutes of the Spotswood School Board’s eight most recent nonpublic meetings (executive or closed sessions), the resolutions that authorized them, and fifty-seven sets of minutes for public meetings (open session) held in the last few years.

Public bodies in the state are required to keep minutes of their official proceedings, both those open and closed to the public, and must have a written resolution setting forth the specific valid reasons for entering closed session.

The meeting minutes that were provided in response to Grieco’s request fall well short of the “reasonably comprehensible” standard required by the Meetings Act, NJFOG claims.

The lawsuit points out that most of the closed door meetings held from August 2015 through this April lasted thirty minutes to an hour or more, while the minutes for those sessions state only that "the Board discussed legal issues" or "the Board discussed goals" or "the Board discussed personnel issues" or that the Board accepted the Superintendent's recommendations without stating what they are.

There is no mention of the parties to any contract or legal matter, specifics that should be disclosed in the executive session resolution, according to NJFOG. “Without that information, a member of the public wanting to know more about a specific matter wouldn’t know what records to request,” said attorney Walter Luers, who serves as NJFOG vice president.

Further, the minutes don’t list the time and place of the meeting or the members present, as the Meetings Act requires.

NJFOG also alleges that the Board either did not advertise its meetings in two newspapers or failed to accurately convey in the minutes the manner in which notice was given. Both are OPMA requirements.

“Their minutes are some of the worst I’ve seen,” said John Paff, who is NJFOG treasurer as well as chairman of the organization’s Affirmative Litigation Committee.

More than two years ago, in January 2014, Paff himself contacted the Spotswood School Board regarding some of these same inadequacies, and the Board’s attorney assured him that the Board would endeavor to be compliant with the law.

In response to Grieco’s July 7 OPRA request for the meeting minutes, the School Board’s Business Administrator directed her to the Board’s website.

All of the requested nonpublic meeting resolutions and minutes – or, rather, what the Board is calling minutes – were there, but they offer almost no information at all, as already mentioned.

Missing, however, were two thirds of the public session minutes that Grieco requested. All but one were subsequently posted to the site on August 1; the remaining set was not yet provided as of the date the complaint was filed.

“While records custodians sometimes respond to an OPRA request by directing someone with internet access to a website to retrieve a record, the record needs to be there,” said NJFOG president John Schmidt.

The Open Public Records Act says that a “government record shall be readily accessible”, not eventually accessible, NJFOG argues.

“OPRA requires not only that records be provided, but that they be provided promptly,” Paff said.

The September 28 hearing is scheduled for 10:30 AM and will focus on the OPRA portion of the case.

NJFOG has brought successful lawsuits against several other public agencies, including the Little Egg Harbor Fire District #3 earlier this year and the Island Heights Board of Education in 2014. Both are in Ocean County. Additionally, NJFOG won a case against the Trenton Board of Education in Mercer County in 2015.

NJFOG is represented by attorney Anthony H. Ogozalek, Jr. of Cinnaminson.


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The New Jersey Foundation for Open Government (NJFOG) is the only non-profit organization in the state dedicated solely to improving public access to governmental records and meetings. We work to educate the public about the Open Public Records Act and Open Public Meetings Act as well as increase governmental compliance, transparency, and accountability.

July 18, 2016 Middletown Township Committee Meeting

I haven't had time to watch the video of last week's meeting of the Middletown Township Committee that our friends at Middletown Open Government, posted to their Youtube channel yet but I hope to watch it sometime over the weekend.

Here are some of the highlights:

• A new police officer was sworn in.
• The Belford Chemical Fire Co celebrated 100 years as an organization.
• An ordinance was adopted to set fees for events at parks where alcohol is served at $3,500.
• A resolution was adopted expressing dissatisfaction over the plan for JCP&L to install high voltage lines along the NJ Transit right of way.

At this time the usual link to the Meeting Agenda for this meeting is unavailable for posting. The Township has been dragging it's feet producing documents of the proposed resolutions, ordinances and bill list that is requested each month through OPRA requests.  The documents are then imbedded into the Meeting Agenda by a volunteer and then posted for public view on Archive.org.  Once the documents are sent and the agenda is prepared, I'll post the link.

************************
UPDATE  8/1/16

The Meeting Agenda with links to the Bill list, ordinances and resolutions from this meeting is now finally available. You can access it ..... HERE

Lagerkvist: Golden parachutes of NJ public college presidents cost millions

From Mark Lagerkvist

For departing New Jersey public college presidents, their farewell payments, perks and positions can resemble lottery jackpots. Not left to chance, these windfalls are carefully crafted into their employment contracts.

George Pruitt of Thomas Edison State University in Trenton is slated to receive $1.7 million in payouts after his presidency ends. It begins with a one-year paid sabbatical leave at his presidential salary, currently $337,000 – and a new title, president emeritus.

When he returns from sabbatical, Pruitt will begin a five-year fellowship to conduct research at TESU’s John S. Watson School of Public Service. He’ll get 80 percent of his former salary – another $1.348 million or more. To top it off, the university will pay a $10,000 lump sum to cover Pruitt’s relocation expenses.

At least 13 current presidents have an express option to work in other six-figure positons at their institutions when they step down. Nine of those chief executives can begin their post-presidential careers with generous paid sabbaticals, according to a NJ Spotlight analysis of employment contracts obtained under the Open Public Records Act.

The full story is now online at NJ Spotlight – http://www.njspotlight.com/stories/16/05/23/bon-voyage-bonanzas-golden-parachutes-of-nj-public-college-chiefs-cost-millions/

# # #

Mark Lagerkvist is a veteran investigative reporter who has worked for CNBC, News 12, Asbury Park Press, New Jersey Watchdog and other newspaper, television and online news outlets. His work has won more than 60 journalism awards, including honors from National Press Club, Scripps Howard Foundation, and Investigative Reporters & Editors (IRE). He can be reached at Mark@Lagerkvist.net.

Lagerkvist: NJIT President's $5.3M Contract Tops New Jersey's Pay and Perks for College Chiefs

By Mark Lagerkvist


At $555,000 a year, Joel Bloom does not have the highest salary among New Jersey public college presidents. But counting his extra benefits and perks from New Jersey Institute of Technology, Bloom has a taxpayer-supported deal that’s second to none.

Bloom’s five-year contract with NJIT is worth roughly $5.3 million. And that doesn’t count the cost of his pension, health insurance, vacation time, sick leave and expense account – not to mention the car and driver provided by the Newark-based research university.

No other public officials in New Jersey receive the levels of compensation that many college presidents enjoy – not even Gov. Chris Christie or state Supreme Court justices, according to a NJ Spotlight analysis.

The little-known cornucopia of extras is detailed in employment contracts obtained by NJ Spotlight under the Open Public Records Act. For example, Bloom’s deal with NJIT includes:

• Performance bonus of up to 25 percent of his salary. Last year, it was $130,000.
• Annual “retention incentive” bonus of $120,000 to help ensure his loyalty to NJIT.
• Housing allowance of $85,000 a year
• Three-fourths of his salary for two years – $825,000 based on his current pay – as an advisor and figurehead with the title of president emeritus after he retires or resigns.

NJ Spotlight’s analysis of the contracts of New Jersey’s 30 public college presidents found:

• 20 have contracts that provide for annual bonuses based on performance or longevity
• 17 receive deferred compensation or contributions to annuities to supplement the public pensions.
• 17 receive free use of college-owned residences or housing allowances as part of their compensation packages.
• 23 are provided with the use of college cars or an allowance to cover the cost of their own automobiles.

The story is now online at NJ Spotlight – http://www.njspotlight.com/stories/16/05/22/njit-president-s-5-3m-contract-takes-top-spot-among-nj-college-chiefs/. Details on each college president – with links to their contracts – is posted at http://www.njspotlight.com/stories/16/05/22/the-list-all-the-presidents-pay-and-perks-at-new-jersey-s-public-colleges/.

NJFOG Study Finds Local Authorities Disregarding Online Transparency Law

For Immediate Release:

Only 11 percent of New Jersey’s independent local authorities are in full compliance with an online transparency law that took effect on February 1, 2013, according to a study released by the New Jersey Foundation for Open Government (NJFOG).

In 2011, the Office of the State Comptroller released findings that showed only three percent of 587 local government agencies posted financial data online, and more than a third had no online presence. Following release of the report, the New Jersey Legislature passed an online transparency law, which set forth 11 requirements that local government agencies must meet. These requirements include having an online presence and posting basic information such as minutes, resolutions, budgets and meeting notices.

In what is the first study of online compliance since the Comptroller’s report was published, NJFOG examined 436 local agencies. The report provides a snap shot of compliance at one particular point in time (July 2015) and recognizes that agencies can make changes to existing websites or build new ones.

The study found that, although 95 percent of the local government entities maintain an online presence, only 11 percent, or 48, are fully complaint with all 11 requirements.

One legal requirement is that local agencies post meeting notices online. NJFOG’s study found that only 281, or 64 percent, of the 436 agencies studied are in compliance with this requirement. The law also requires that agencies post their meeting minutes and adopted resolutions for the current calendar year. Only 153, or 35 percent, post this information online.

“There is currently no mechanism in the online transparency law that would allow citizens to bring enforcement actions to improve compliance,” said NJFOG president Walter Luers, who hopes that NJFOG’s study will encourage an amendment to the Act that contains such a provision.

“New Jersey’s independent agencies collectively control hundreds of millions in public funding. They have an obligation to be as transparent as possible in how they are managing those tax dollars,” Luers said. Yet the study found that only 55 percent of local agencies post their three most recent budgets online, as required by the law.


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The New Jersey Foundation for Open Government (NJFOG) is the only non-profit organization in the state dedicated solely to improving public access to governmental records and meetings. We work to educate the public about the Open Public Records Act and Open Public Meetings Act as well as increase governmental compliance, transparency, and accountability.

NJ Watchdog: Court examines state's role in public record requests

Friend or foe? Court examines state's role in public record requests

Gov. Chris Christie and New Jersey Watchdog will battle in appeals court Thursday in a case that could change how the state cooperates with citizens who ask for public records.

Under Christie, the state Open Public Records Act often resembles a shell game. The governor’s office can reject requests without really explaining why. Requestors must choose whether to walk away or bet on an appeals process that’s often lengthy and potentially costly.

In its appeal, New Jersey Watchdog is asking a higher court to hold government officials to a higher standard.

“The government is not allowed to be sneaky,” argued its attorney, Donald M. Doherty Jr. “It must be above board in all of its dealings. In dealing with the public, the government must ‘turn square corners.’”

The story is online at http://watchdog.org/242038/nj-public-records/

Free OPRA Forum in Flemington NJ, Wednesday, September 23, 2015 7:00 PM – 9:00 PM

The New Jersey Foundation for Open Government (NJFOG) will be hosting a free OPRA Forum on September 23, 2015 at 7 p.m. at the Historic Hunterdon County Court House, 75 Main Street, Flemington, NJ 08822. The site is best known for “The Trial of the Century,” the famous trial involving the 1932 kidnapping of Colonel Lindbergh’s son.

NJFOG officers John Paff and Walter Luers will be among four panelists. They will be joined by Megan Jones-Holt, Executive Director of the Flemington Business Improvement District, and Sergio Bichao, an investigative reporter for Gannett Media.

It should be an informative discussion! See our facebook event invite HERE and let us know if you’re going. You can also reach us at info@njfog.org or 908-894-5656.


THE PANELISTS:

Megan Jones-Holt

Formerly a member of the Town of Clinton Council, Jones-Holt resigned her seat to join the Flemington Business Improvement District as Executive Director in September 2013.

She currently sits on the boards of DowntownNJ and Hunterdon Crime Stoppers and is Vice Chair for Hunterdon Prevention Resources. She also served on the Clinton Planning Board, the Hunterdon Land Trust's ad hoc committee for Dvoor Farm, and the Cancer Support Community.

A member of the Clinton Sunrise Rotary Club, she has served as District Governor for Rotary International and has a Rotary Radio show with the Hunterdon Chamber of Commerce.

Jones-Holt’s resume includes more than 20 years of experience in event planning & consulting, executive planning & administration, marketing and communications. She is Events Director/Planner and owner of CPR Event Rentals in Flemington. She is a Certified Event Rental Professional and a past president of the American Rental Association of New Jersey.

Jones-Holt holds a Certificate of Downtown Business Management from Rutgers University.

Sergio Bichao

Sergio Bichao is an investigative reporter whose work appears in the Courier News, Home News Tribune, Asbury Park Press and MyCentralJersey.com. Previously, he was a reporter and the front page editor for The Jersey Journal.

Bichao has been working for daily newspapers in New Jersey since 2006 and before that published his own local news website covering his hometown of Hillside. He filed his first Open Public Records Act request in 2002, the year when the law first took effect. Today he files as many as a dozen requests every month as part of his job to uncover waste and wrongdoing by public agencies and officials.

Bichao is a graduate of the Honors College at Rutgers-Newark and lives in Somerville.

Walter Luers

Luers is an attorney licensed to practice law in New Jersey. He graduated from Rutgers University in 1996 and from Fordham University in 1999. Since 2007, he has concentrated on matters pertaining to the Open Public Records Act (OPRA) and the Open Public Meetings Act (OPMA). He advises and represents individuals and corporations in lawsuits and administrative actions against public agencies that have violated these laws. In 2010, Luers was recognized by the New Jersey Law Journal as one of ten “Lawyers of the Year” for his work in OPRA. He regularly speaks to community groups around the State about OPMA and OPRA and has been the president of NJFOG since June 2011.

John Paff

John Paff has been dubbed “New Jersey’s busiest open government activist” by reporter Colleen O’Dea, who featured him in her February 2014 piece “Profile: The Man Who Makes Sure Government Works – Right Out in the Open.” He was also featured in a May 2015 Philadelphia Inquirer article by Jan Hefler entitled “The transparency guru of New Jersey.”

In 2014, Paff was honored as the year’s sole award winner and 15th inductee into the State Open Government Freedom of Information Hall of Fame. Known as the “Heroes of the Fifty States,” the joint initiative of the National Freedom of Information Coalition and the Society of Professional Journalists recognizes the recipient’s “long and steady effort to preserve and protect the free flow of information about state and local government that is vital to the public in a democracy.”

Paff is currently serving his third term as NJFOG’s treasurer. In addition, he has served as the Chairman of the New Jersey Libertarian Party’s Open Government Advocacy Project since 2003. His focus has been to ensure that public agencies are following the OPRA and OPMA laws. He writes about noteworthy issues in his blog NJ Open Government Notes, one of several blogs he maintains to discuss matters of public interest.

John is a graduate of Rutgers College, New Brunswick. After college, he operated an insurance agency for several years in New Brunswick and North Brunswick. He has served as a member of the Middlebush Volunteer Fire Department since 1992 and served as the Department’s president from 2009 to 2014.

NJ Watchdog: No one protects Christie from himself

State troopers guard Chris Christie as he travels the nation to run for president, yet no one seems able to protect the governor from his own choices.

New Jersey voters overwhelmingly oppose Christie’s practice of sticking taxpayers with the travel bills of the state police escorts who follow him on the political trail, according to a Monmouth University poll.

Only one percent of the voters polled thought the state should pay, while 82 percent said Christie’s campaign should take responsibility for the out-of-state security costs. The same poll found 58 percent of New Jerseyans judged their governor as not honest or trustworthy.

But Christie won’t ask America Leads, his super PAC that has raised $11 million, to pay for extra public expenses created by his political ambitions. He refuses to follow the lead of Wisconsin’s Scott Walker, a fellow governor and rival GOP candidate.

“We’re going to continue to conduct this in the same way I’ve always conducted it,” Christie told reporters in New Hampshire earlier this month.

Meanwhile, the price to state taxpayers is rising sharply, according to a New Jersey Watchdog analysis of documents obtained through the Open Public Records Act.

Last year, the travel costs for the state police’s Executive Protection Unit rose to a record high of $492,420. As chair of the Republican Governors Association, Christie attended events in 36 states to help raise $106 million in campaign contributions for GOP candidates.

Those travel expenses are 22 times higher than the $21,724 spent by EPU in 2009, Jon Corzine’s last year as governor.

EPU travel expenses increased at a rate of 66 percent during the first quarter of 2015, hitting $184,659 as Christie prepared for his White House run. With the formal announcement of his candidacy on June 30, those bills are expected to skyrocket with the frequency and duration of the governor’s trips outside New Jersey.

Instead of transparency, Christie has chosen to closely guard details of how that money is used.

More than $1.1 million in EPU travel costs have been charged to American Express cards issued to the governor’s office – more than 80 percent of the $1.3 million spent since Christie took office in 2010. But the governor's staff has refused to release the Amex statements or other accounts of the expenditures.

New Jersey Watchdog is suing the governor for those records in Mercer County Superior Court – and so far, the case is not going well for Christie.

The Christie administration argued release of the documents might reveal security information – such as the size of the EPU staff and how many troopers typically accompany the governor.

Then in a bizarre turn of events, Christie publicly revealed those supposed secrets to a Cub Scout in April during a town hall meeting in Hasbrouck Heights.

“How many bodyguards do you have?” 7-year-old Charles Tartaglia asked the governor.

“There are 30 men and women who work for me, who are in the state police, and they’re members of what’s called the Executive Protection Unit,” replied Christie.

Christie began his answer to the boy, a member of local Troop 17, by scanning the crowded VFW hall for EPU troopers in attendance.

“I count about six,” said the governor. “I’m not telling you which ones they are, but a subtle hint would be – the guys with the wires in their ears.”

After viewing a clip of the episode on YouTube posted by the governor’s office, Judge Mary C. Jacobson was clearly upset. In previous OPRA cases, she had ruled against release of the expense records, accepting the security arguments of Christie and the state police.

“I’d like to be consistent, but I have to tell you, when I saw that YouTube video, I felt that it completely undermined what I had ruled earlier,” said the judge. “The governor speaks so freely about this, how can I conclude that releasing these details on amount of food and so forth could really in any significant way undermine the governor’s security?”

Jacobson is expected to rule on the case during a hearing scheduled for Aug. 7.

Other expense records have recently embarrassed Christie when publicly released.

In May, New Jersey Watchdog revealed Christie spent more than $82,000 from his state expense account to buy concessions at MetLife Stadium during the 2010 and 2011 football seasons. To avoid a potential scandal, the New Jersey State Republican Committee reimbursed the state for the expenditures.

The story is now online at http://watchdog.org/229458/christie-security/.

NJ WATCHDOG: Christie challenges court order to release public record

I have little doubt that the Christie administration is one of the most secretive and corrupt gubernatorial administrations in NJ's long history of political corruptness. - MM

Gov. Chris Christie is challenging a court order for his office to release a high-tech media list, assembled at taxpayers’ expense, as a public record.

In a bizarre appeal, Deputy Attorney General Daniel M. Vannella argued the list is a “valuable asset” that would give New Jersey Watchdog an “unfair competitive advantage” over other media outlets. In his brief, Vannella cited a law that allows the state to withhold inside information from contractors who bid on government jobs.

New Jersey Watchdog does not bid on government contracts. It is a non-profit investigative news site that freely shares its content with other news outlets.

Superior Court Judge Mary C. Jacobson ordered the governor’s office to turn over a copy of the list to New Jersey Watchdog by June 12. But instead of complying, the state attorney general filed a last-minute motion on the governor’s behalf, asking Jacobson to reconsider her decision.

Release of the media list “would be an unprecedented release of proprietary press information…that would provide an unfair competitive advantage to plaintiff,” wrote Vannella.

In reality, the list gives Christie a competitive advantage over his rivals and competitors in the political arena. It is an integral cog in a publicly-funded publicity machine that launched him into the national spotlight and towards a probable run for the White House in 2016.

It contains contact information for roughly 2,500 reporters, producers and editors, subdivided into categories, which enables Christie and his staff to selectively target efforts to promote their political ambitions.

The list was created by the governor’s communications staff, which consists of 16 full-time state employees paid $1.36 million in salaries last year.

It has helped the governor score countless national television appearances, not to mention 8,761,511 views on YouTube, 176,955 likes on Facebook and 6,810 tweets to 489,000 followers on Twitter during his first five years in office.

Vannella likened the media list to “trade secrets and proprietary commercial or financial information.” That exclusion in the public records statute was intended to protect confidential information that private businesses are required to share with state regulators.

That argument suggests the governor has a proprietary, or ownership interest in the list. But the governor’s office is not a private business. And while the media list may be a valuable asset for his political future, it is a governmental record, not Christie’s property.

“Gov. Christie should let the sun shine in, acknowledge the judgment of the court, and make this government-prepared information public,” said Prof. Charles Lewis, executive editor of the Investigative Reporting Workshop at American University.

“It's the law,” added Lewis, an advocate for transparency in government. “Honestly, he should know better.”

The report is online at http://watchdog.org/225235/christie-challenges-court-order/.

NJ WATCHDOG: Christie has no receipts for quarter-million dollars in expenses

Our governor had at work with your tax dollars!

Details of New Jersey Gov. Chris Christie’s $82,000 spending spree at NFL games remain a mystery – despite a release of expense account receipts by the governor’s office.

Receipts for Christie's purchases at New York Giants and Jets home games during the 2010 and 2011 seasons are missing from 597 pages of receipts New Jersey Watchdog obtained through an Open Public Records Act request.

The governor’s office does not have documentation for more than $247,000 in expenses – two-thirds of the $360,000 Christie has spent from his state expense allowance since he took office in 2010, according to a New Jersey Watchdog analysis.

“We have produced to you all of the receipts/invoices/bills that we located,” stated Heather Taylor, the governor’s records custodian and chief ethics officer. “We are not withholding any records based on an OPRA exemption.”

“Every dollar of expenses associated with the discretionary fund has been tracked and accounted for in full,” added Kevin Roberts, Christie’s press secretary, in a prepared statement.

As New Jersey Watchdog previously revealed, Christie’s debit card was used 58 times during the 2010 and 2011 seasons to charge $82,594 to Delaware North Sportservice, operator of the food and beverage concessions at MetLife Stadium. The expenses did not include his free use of luxury boxes, traditionally available to governors at the state-owned venue.

To avoid embarrassment, Christie turned to the New Jersey Republican Committee. The committee reimbursed the state in early 2012 for Christie’s bills at MetLife, plus additional charges the governor racked up at Izod Center. Since then, he has refrained from using his expense account at sporting venues.

The full report – with links to copies of the receipts released by the governor’s office – is online at http://watchdog.org/222152/christie-no-expense-receipts/.

NJ Watchdog: Christie buys $300K of food & booze with expense account

Big appetite: Christie buys $300K of food & booze with NJ expense account

Chris Christie's expense account tells a story of appetite and ambition, one that pits government waste versus the New Jersey governor's waistline.

Christie spent $360,000 from his state allowance during his five years in office. More than 80 percent of that money, or $300,000, was used to buy food, alcohol and desserts, according to a New Jersey Watchdog analysis of records released by the governor’s office.

The full story is online http://watchdog.org/217942/christie-nj-expense-account.

By Mark Lagerkvist | New Jersey Watchdog

Chris Christie’s expense account tells a story of appetite and ambition, one that pits government waste versus the New Jersey governor’s waistline.

Christie spent $360,000 from his state allowance during his five years in office. More than 80 percent of that money, or $300,000, was used to buy food, alcohol and desserts, according to a New Jersey Watchdog analysis of records released by the governor’s office.

In addition to his $175,000 a year salary, the governor receives $95,000 a year in expense advances, paid quarterly by the state. In the state budget, it is listed as “an allowance of funds not otherwise appropriated and used for official receptions on behalf of the state, the operation of an official residence, for other expenses.”

While Christie returns surplus funds to the state each year, Treasury officials say he does not submit receipts or accounting for the public monies he spends. The governor’s ledger, obtained from Christie under the Open Public Records Act, offers a rare, if partial glimpse of a controversial expense account shrouded in secrecy.

Christie’s most notable spending spree occurred during the 2010 and 2011 NFL football seasons at MetLife Stadium, where the New York’s Giants and Jets play their home games. New Jersey’s governor traditionally enjoys free use of luxury boxes for games and other events at the government-owned venue, but food and beverages cost extra.

On 58 occasions, Christie used a debit card to pay a total of $82,594 to Delaware North Sportservice, which operates the concessions at MetLife. The governor’s office did not provide any receipts, business reasons or names of individuals entertained, but defended the expense....

It's Sunshine Week

March 15-21 is National Sunshine Week, a yearly event that highlights the importance of open government and our “right to know” as citizens engaged in our own governance.  

Established in 2001, the New Jersey Foundation for Open Government (NJFOG) is the only organization in New Jersey dedicated solely to improving public access to government records and meetings.   NJFOG works to educate residents about the state’s Open Public Meetings Act (OPMA) and Open Public Records Act (OPRA) and also works to strengthen these laws and increase compliance.

Amendments to OPMA and OPRA now in the Legislature – bills S781/A2900 and S782/A2763, respectively – are intended to modernize and reform the existing laws.   Important reforms are proposed, including, but not limited to, stronger public notice requirements, a requirement that minutes be approved within 60 days, an increase in the minimum time allotted for public comment, application of the laws to many quasi-governmental entities that are substantially controlled by a governmental agency, and mandatory reimbursement of costs to successful plaintiffs (now only under OPRA).

There are some other New Jersey bills that will also affect “your right to know”.

S1236, sponsored by Senator Peter Barnes, addresses the need for greater transparency in police internal affairs investigations.  S1236 would establish a 2-year pilot program in Edison Township whereby the New Jersey Attorney General’s office would assume the police internal affairs function for the township.  NJFOG supports S1236 with an amendment that provides for public disclosure of the internal affairs records at the end of the 2-year pilot.  

A841 provides that, for law enforcement incident reports, the address of a person would be considered confidential.  NJFOG strongly opposes this bill for the simple reason that there is often a need by journalists, researchers and other citizens to contact persons who have been involved in a particular incident.  Redaction of address from incident reports would prevent necessary communication that may benefit the general public or the person involved.

S2181 (A3417) and S2183 (A3350) are perhaps the most well publicized pieces of legislation.  These bills provide for broad reform of the Port Authority of New York and New Jersey.  The bills passed the New Jersey legislature in 2014 with unanimous support, as did sister bills in New York.  Among other reforms, S2181 includes public meetings provisions, while access to public records is addressed by S2183, which brings the Port Authority under both New Jersey’s OPRA law and New York’s freedom of information law.  S2183 was conditionally vetoed and is awaiting amendment, while S2181 was vetoed outright.

It’s particularly noteworthy that an override vote on S2181 is scheduled by the New Jersey Senate during Sunshine Week, on March 16.

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The New Jersey Foundation for Open Government welcomes invitations to speak throughout the state and can be reached at info@njfog.org. Those who would like to learn more can join the NJFOG Q&A Forum on Facebook and find a host of resources on the Foundation’s website, www.NJFOG.org.

NJ Watchdog appeals denial of Christie travel records

For immediate release:
9/17/14

Gov. Chris Christie’s attempt to flout state travel rules will be contested in New Jersey appeals court.

The case pits the governor’s power versus transparency in government – a cause Christie once championed.

In the Superior Court Appellate Division, a New Jersey Watchdog reporter is challenging a trial judge's rejection of a lawsuit seeking records of who paid for Christie’s unofficial out-of-state trips.

Under Treasury Circular 12-14-OMB, third-party organizations that fund the travel of state officials must disclose the payment arrangements in writing. The state agency or office is required to retain those records.

“Our position is that the regulation does not apply,” argued Assistant Attorney General Lewis Scheindlin on behalf of the governor in Mercer County Superior Court. “If it doesn’t apply, the next question is whether these records exist.”

As evidence, Christie’s lawyers submitted a 35-year-old memo to former Gov. Brendan Byrne. In it, a former budget director decreed: “I hereby rule that the governor and staff of the governor’s office are granted exemptions from these State Travel Regulations.”

Instead of addressing the issue, Judge Mary C. Jacobson dismissed the suit in July. She ruled the reporter’s Open Public Records Act request was “overbroad and lacking in specifics and clarity” even though it sought specific records required by state rules.

Donald M. Doherty Jr., the reporter’s attorney, filed the appeal last week asking the higher court to make a decision Jacobson avoided.

“This case will establish whether or not an executive branch employee can exempt the governor from travel regulations,” stated Doherty. “The court did not decide whether or not the defendants’ position regarding the memo was correct, but instead held the request was unclear.”

The full story is now online at http://watchdog.org/170733/christie-travel-records-appeal/.

NFOIC: State Open Government Activist is 2014 Freedom of Information Hall of Famer

For Immediate Release:
9/5/14

Well known for his public advocacy and a frequent panelist and speaker throughout New Jersey, John Paff this year becomes the 15th inductee into the State Open Government Hall of Fame. Known as the "Heroes of the Fifty States," the joint initiative of the National Freedom of Information Coalition (NFOIC) and the Society of Professional Journalists recognizes the recipient's "long and steady effort to preserve and protect the free flow of information about state and local government that is vital to the public in a democracy." Formal induction takes place on October 24 at the 2014 NFOIC Freedom of Information Summit in St. Petersburg, Florida.

Paff has been dubbed "New Jersey's busiest open government activist" by reporter Colleen O'Dea, who featured him this February in her New Jersey Spotlight article "Profile: The Man Who Makes Sure Government Works - Right Out in the Open."

John Paff

Paff's interest in government transparency began in 2002 shortly after the New Jersey Open Public Records Act was passed. Since then, he has taken a lead role in the work of the New Jersey Libertarian Party's Open Government Advocacy Project and has served as Project Chairman since 2003. He has also served for the past five years on the board of trustees for the New Jersey Foundation for Open Government, a non-profit organization devoted to improving compliance with the state's Open Public Records Act and Open Public Meetings Act. Paff is also is a gifted writer and blogs about noteworthy issues at NJ Open Government Notes.

Having earned a reputation as a government watchdog, Paff typically juggles five public records requests at any one time. He has filed and won numerous lawsuits against non-compliant public agencies and, in doing so, has made a significant contribution to the body of case law giving teeth to the statutes. "The award judges had a wealth of riches this year in choosing its 'hero,' but John Paff stood above the crowd," said Sarah Nordgren, Director of Content Development for the Associated Press and one of the NFOIC judges who reviewed the nominees. "John is tireless not only in his support of open government, but also in imparting the deep knowledge he has to others, so that they, too, can work to ensure transparency."

NFOIC's president, Hyde Post said "John joins a distinguish group of 14 deserving men and women: outstanding individuals who selflessly volunteer their time to ensure open, transparent government, and freedom of information in their states and for their communities."

The FOI Summit, which also serves as the national coalition's annual conference, brings together state and regional FOI coalitions and advocates of open government. Tom Blanton, Director of the National Security Archive at George Washington University, is this year's keynote speaker. Visit NFOIC online or call NOW to register for this year's FOIA Summit. Travel scholarships are available to early registrants.

Christie 'blacklists' NJ Watchdog

For immediate release:

To fight selective government secrecy, New Jersey Watchdog is trying to obtain news releases from Gov. Chris Christie under the state public records law.

Christie’s staff has not responded to the site’s requests to be added to the list of news outlets that receive press advisories, official announcements and daily schedules from the governor’s office. In contrast, New Jersey Watchdog is on the press lists for both the Republican and Democratic leaderships of the state Senate and Assembly.

The first Open Public Records Act request was submitted today. Under statute, the governor’s office has seven business days to respond. If the request is denied, New Jersey Watchdog can sue Christie in Superior Court for belated release of the news releases.

The governor and his staff have not offered any explanation for blacklisting New Jersey Watchdog. Being excluded from a timely flow of information from the state’s highest-ranking public official typically puts a news organization at competitive disadvantage.

Paradoxically, Christie promotes himself as a reformer who champions open government and transparency.

The Christie Administration has been a subject of numerous investigative reports by New Jersey Watchdog, including stories on double-dipping, travel, ethics and “Doublegate” – a pension scandal that implicated Lt. Gov. Kim Guadagno.

For two consecutive years, New Jersey Watchdog has won New York Press Club awards for outstanding political coverage. Last year, it was named best independent online news site by the New Jersey chapter of the Society of Professional Journalists.

The story is now online at http://watchdog.org/165534/christie-blacklists-watchdog/.

New Jersey OPRA Amendment Benefits Crime Victims

For immediate release



A bill amending New Jersey’s Open Public Records Act (OPRA) to recognize the special needs of crime victims was signed into law on July 30th. A1676 provides that a crime victim can obtain his or her own records at no cost and that the victim’s request for those records is not public information.

While there is currently no charge under OPRA for electronic delivery of records, a fee applies to paper copies. Under the revised law, fees would be waived for crime victims requesting their own records.

The bill has numerous sponsors and co-sponsors including Senator Loretta Weinberg, who has been a champion for OPRA reform.

The new law was written and shepherded by Unchained at Last, a non-profit organization devoted to helping victims of arranged marriage and domestic violence. Fraidy Reiss, the organization’s founder and president, points out that it is necessary to prove a pattern of abuse when seeking a final restraining order from a judge and that one of the best ways to do that is to request copies of the incident reports and prior restraining orders, for which cost could present a barrier to obtaining the records. Further, exempting such requests from the public domain allows for the privacy and safety of the requestor.

Reiss received the backing of the New Jersey Foundation for Open Government (NJFOG), which assisted with the draft of the law. NJFOG is the only non-profit in the state devoted exclusively to improving New Jersey’s Open Public Records Act and Open Public Meetings Act and educating the public about these laws.

While acknowledging that what is now a public record will become non-public under the new law – the crime victim’s document request itself – NJFOG president Walter Luers stated, “The OPRA amendment, in our view, will not diminish access to public records but will instead enhance access for crime victims.”

The new provisions take effect on November 1, 2014.

NJ WATCHDOG: Judge gives Christie a pass in travel records lawsuit

For immediate release

Judge gives Christie a pass in travel records lawsuit

The question of whether Gov. Chris Christie must obey New Jersey state travel rules was left unanswered by a decision Tuesday in Mercer County Superior Court.

Judge Mary C. Jacobson dismissed a lawsuit by a New Jersey Watchdog reporter seeking records of who paid for Christie’s unofficial out-of-state trips. She ruled the reporter’s Open Public Records Act request was “overbroad and lacking in specifics and clarity.”

To the contrary, the records request “specifically included documentation of the payment arrangement on the third-party’s letterhead, as required by Treasury Circular 12-14-OMB.” In addition, the reporter also sought various other records on those journeys.

“Our position is that the regulation does not apply,” argued Assistant Attorney General Lewis Scheindlin, representing the governor in court. “If it doesn’t apply, the next question is whether these records exist.”

“Well, what records do they have and how do they keep them?” asked Donald M. Doherty, the reporter’s lawyer.

“We don’t know how the governor’s office keeps the travel records,” said Jacobson. “We don’t know if they keep third-party records separate from the other travel records.”

However, the judge stopped short of requesting any specifics about the disputed documents, and Scheindlin did not offer details about their existence.

The hearing also raised the issue of whether Christie must abide by the code of conduct he set for himself in 2010.

The story is now online at http://watchdog.org/162260/christie-travel-lawsuit-2/.