UCLBS News

September 28, 2021

Nj Opra Settlement Agreements

Filed under: Uncategorized — Administrator @ 9:10 pm

The panel then found that neither the language of the OPRA nor the history of the exception in the personal file allowed the transaction agreement to be drawn up in edited format. The legal assertion that personal records “should not be considered government acts and should not be accessible to the public” was absolute. Justice Accurso brought this exception back to the 1960s, notably through the executive order of Governors Hughes, Byrne and McGreevey, which led directly to OPRA`s predecessor, the Right to Know, and then to the current exception. The Tribunal contradicted the DRC that the dispute had not yet been settled at the time of the application. Based on its conclusion that there was indeed a definitive transaction, the court decided that the depositary should have disclosed the authorization. The South Jersey Times also published an editorial on the case, arguing that settlement agreements with employees should never be confidential. The Appeal Division has recently issued an opinion that will cause problems for depositaries. The Tribunal decided for the first time that the OPRA`s immediate access provision applies to dispute resolution claims. Scheeler v. Galloway Tp. Tags: Appellate Division, Government Records, Government Records Council, Open Public Records Act, Transaction Agreement On November 15, 2017, the Appellate Division of New Jersey issued an unprecedented decision in Scheeler v. Galloway Township regarding an application for a settlement agreement between Galloway Township (“Galloway”) and its former director. In short, the Appeal Division found that the document in question constituted a final settlement agreement which, contrary to Galloway`s position, was subject to disclosure under the OPRA.

“A government unit cannot protect itself from public control by sealing the settlements,” the judge wrote. “The public has a right to know that comparisons are not made by ruthless judgment, collusion, conflicts of interest or corruption.” On November 20, 2014, Harry B. Scheeler, Jr. applied to Galloway for an OPRA in order to reach the settlement agreement between Galloway and the former executive. Galloway rejected OPRA`s request the same day and said the settlement agreement had not been executed. Approximately one month later, on December 22, 2014, the Claimant submitted the same OPRA application. On December 29, 2014, Galloway gave the same response as in November. The applicant brought an action under the OPRA and the Ordinary Information Law and requested the settlement agreement in its entirety or, at the very least, in an edited format. The legal department decided that the transaction agreement with blackenings should be unblocked. Even before the document was actually verified on the spot, the court found that the applicant was a successful party. After the parties reached an agreement on the applicant`s lawyer`s fees, the Landkreis appealed and today the Appeal Division cancelled the de novo review.

The applicant then filed two complaints with the Government Records Council (GRC) alleging that Galloway had unlawfully refused access to the publication in response to his OPRA requests of 20 November 2014 and 22 December 2014. . .

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