Gannett Newspapers v. Raritan Borough - A Huge Win For Transparency

For advocates of transparency and open government  there was a recent decision requiring  Somerset County municipality Raritan Borough, to reimburse over a half million dollars in legal fees to Gannett Newspapers, which filed suit to obtain documents in an electronic format that facilitates analysis. Gannett balked at the $1100 fee they were to be charged by the borough to provide the documents because the cost would have been a "road block" for the average citizen to afford. There was an article in the Asbury Park Press on 2/6/14 that announced the results of the case:

RARITAN — A court-appointed fact finder has recommended that a judge order this Somerset County municipality to pay the Gannett New Jersey media company a record-breaking $542,000 in legal fees as a result of a public records lawsuit.

The precedent-setting case, which the company won in August 2012, determined that the public is entitled to obtain public records in electronic formats that can be easily analyzed, as opposed to PDF formats or paper printouts.

Gannett first filed the lawsuit in 2009 after the company’s newspapers — the Asbury Park Press, Courier News, Daily Record, Home News Tribune, Courier Post and The Daily Record — sought county and municipal payroll records in an electronic, non-PDF format.

The case since has dragged on largely because the borough repeatedly filed new motions, all unsuccessful, challenging parts of state Superior Court Judge Yolanda Ciccone’s rulings.

Ciccone appointed a special master in April to determine how much Gannett was entitled to receive in legal fees. The state’s Open Public Records Act allows plaintiffs to seek reimbursement of legal fees as a way to give the public-access law some teeth. Before the 2002 law, plaintiffs only were entitled to a $500 reward.

Agreeing that the case served a matter of important public interest, special master Thomas Quinn of the Florham Park firm of Wilson, Elser, Moskowitz, Edelman & Dicker said “Gannett was (and is) trying to establish legal precedent that it can use for years to come.”

“While perhaps the Legislature did not envision litigation such as this and the amount of legal fees that the (special master) recommends, the issue in this case is one of public importance and Gannett is the prevailing party,” Quinn said in a recommendation submitted Tuesday. “It has furthered OPRA’s goals of access to the government and its information.”

Public records activists have called the 2012 ruling a victory for the public’s right to know. Concern for the public’s ability to affordably access public records in useful formats drove Gannett’s decision to pursue the litigation...  Read More

Like many other towns, Middletown is fond of providing PDF documents in response to records requests, even when a document was created using a different format. With a PDF file you can't check formulas, work with the data, or sort and search. Analysis of a large PDF file is cumbersome, if not impossible, and requires a whole lot of  work and technical skill. State law, which now has some teeth thanks to Gannett's suit, requires a public entity to provide data in a usable electronic format if it is requested and the file format is readily available.

This is a huge win for transparency that empowers citizen watchdogs!

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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NJFOG Meeting on Wednesday, February 27th

by Linda Baum for NJFOG

The New Jersey Foundation for Open Government (NJFOG) will hold its monthly meeting on February 27th at 7 p.m. at the Bound Brook Public Library, 402 E. High Street, Bound Brook, NJ 08805. The meeting is open to the public.

Come join other open government advocates to discuss the tools available to the public for improving governmental transparency. Current legislation with respect to the Open Public Records Act (OPRA) and Open Public Meetings Act (OPMA) will also be addressed, including a proposed provision in bill S2512 that would adversely affect a citizen’s right to reimbursement of legal fees when a court decides that records have been improperly denied. NJFOG strongly opposes this change to the OPRA law, which currently guarantees a citizen’s right of recovery in a successful suit.

From the NJFOG website:

“The New Jersey Foundation for Open Government seeks to increase transparency, accountability, honesty and democracy in government at all levels by defending and expanding public access to government records and meetings.

NJFOG is the only organization in New Jersey with the sole mission of protecting and expanding public access to government records and meetings. Established in January 2001, it is a statewide coalition of organizations and individuals who support open government. NJFOG is a non-profit 501(c)(3) organization and a member of the National Freedom of Information Coalition.”

NJFOG meetings are typically held the last Wednesday of each month.

For more information, check out www.njfog.org or email info@njfog.org.

Amy Mallet Reflects Back On Her Time As Monmouth County Freeholder

The following letter was received from Freeholder Amy Mallet

“Far and away the best prize that life has to offer is the chance to work hard at work worth doing.”- Former President Teddy Roosevelt

I feel very fortunate to have had the opportunity to serve the people of Monmouth County for the past three years. I am proud of my accomplishments which began with promises I made three years ago.

Monmouth County is now a major developer of clean, renewable solar energy at no additional cost to taxpayers. This effort provides environmental and economic benefits now and in the future. User-friendly computers offer the public a chance to learn about our solar savings in real time at four county locations. This initiative has served as a model for other solar projects that are being planned and developed throughout Monmouth County.

A key element in Government must be transparency. I proposed using digital technology so that everyone in the public can hear unedited proceedings of our meetings. Today it is simple from any computer via www.visitmonmouth.com. The home page has a button “Listen to Freeholder Meetings”. This is transparency, but only a start.

Our Legal Department was restructured due to past instances of excessive billing. We hired an in-house counsel to serve in a full-time capacity. This brings accountability and efficiency to our legal matters and has saved over 1.3 million dollars in just over two years.

I lead the expansion of the Veterans Interment office to include professional Veterans Services. Through the passion, diligence and long hours of our trained Veterans Service Officers and Veteran volunteers, this office is busy helping veterans in Monmouth County every day.

A comprehensive Aging Advisory Board brings energy and ideas to helping our seniors. We introduced the free Wellness Discount Program for all residents which offers discounts on prescription medication and other health products and services. Through the Office on Aging, we also established the first caregiver respite program in our county.

I called for changes at Brookdale Community College in order to take it in a better direction. This call came after researching and questioning budgets, meeting minutes, policies and procedures. We need to do what is in the best interest of our students, while providing a premier learning environment, quality education and facilities to our college.

The backbone of county government is our staff, taking us through the day-to-day operations. Many are on the front line directly helping residents care for their health and well-being, improving the safety of our roads and bridges, maintaining our justice system, imprisoning criminals at the jails, disposing and recycling our waste, staffing our libraries, parks and many functions residents do not see.

As liaison to Human Services during my tenure, it is my hope that my successor has the passion to serve as a voice in helping our neighbors who are most vulnerable. This requires an understanding of the needs of those who are less fortunate. They are our neighbors, friends, families and constituents. These individuals and families may be homeless, unemployed, hungry, home-bound, emotionally or developmentally disabled, handicapped, seniors, caregivers, troubled youth, drug and alcohol dependents, returning veterans and so many more. Our staff tends to these needs with a case load which has been growing weekly during these difficult economic times. While the demand for services is that much greater, they have still been able to hold the line on their budgets.

I must point out the areas where I believe there is more to accomplish:

Boards and Commissions which are autonomous require Term Limits. Many residents don’t realize that these entities control spending of millions of tax dollars and influence policy. The makeup of the boards should also be diverse. Turnover would make for a healthier environment. Lack of turnover is contrary to the oversight expected from residents.

Continued consolidation of duplicative functions.

Transparency needs much more work. Meeting Minutes of all autonomous boards and commissions need to be online. I already made this request twice. The website is only as good as the information contained within it. In addition, we should list all employees and new hires online (name, position, department, salary, start date)

Ethics reforms are needed. The Democratic majority instituted an Ethics Board in 2009 which was reversed by the Republicans at their first opportunity. This voluntary board would have been quite busy given the questionable situations which have arisen. Government should not be left to police itself, and history tells us there is too much at stake here to be ignored.

Advertising Panels on our bus fleet will serve many purposes including a new revenue stream. My suggestion is that we start by cross-promoting our Care Centers to bring awareness and fill additional beds which will be a revenue source. After testing the program, we can promote this program to outside entities for advertising revenue.

In the words of John Quincy Adams “If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” I hope that my leadership will inspire more residents to ask questions, get involved and exercise their right to vote. Let’s never forget that this is a government “of” the people, “by” the people and “for” the people. Anything short of this is unconstitutional.

It's Your Town - Newsletter Volume 3, Issue 16- 8/1/11

This edition of It's Your Town newsletter covers the Middletown Township Committee Workshop meeting that was held on Monday, August 1, 2011 .

There were only a few resolutions voted on and 11 items on the agenda for discussion. However, most of the discussion items were not discussed. When a resident asked about the lack of discussion a very interesting response was given.

Tony Fiore, Middletown's acting mayor, said that there was no need to discuss agenda items in public because members of the Township Committee members receive their meeting packets on the Friday before every meeting. If a question arises, a Committee member will call a fellow Committee member, Township Administrator or someone else for clarification prior the public meeting, hence no need for discussions in public.

While this practice of Township Committee people calling others for clarification and information pertaining to items in meeting packets prior to open discussion of an item it not technically a violation existing sunshine laws, it is an extremely questionable practice that limits information being disseminated to the public by open and transparent means.

Read the newsletter for yourself, it's all covered here in this issue.