In 'huge win' for transparency, NJ Supreme Court says settlement agreements are public

Matt Fagan
NorthJersey.com

New Jersey's Supreme Court ruled Monday that the public has a right to see settlement agreements with public employees, in part because too often the government is not transparent with taxpayers.

In the Libertarians for Transparent Government v. Cumberland County case, the court determined that the government misled the public about what really happened regarding the discipline of a county correctional officer who coerced a prisoner into having sex. 

"Public agencies across the state will no longer be able to hide the settlements they enter into with public employees who have engaged in misconduct," said Attorney CJ Griffin, who litigated the case. "This is a huge win for transparency and government accountability,"

The ruling has broad implications, in that the court decreed settlement agreements can no longer be considered private personnel matters, but are public records that must be disclosed. 

"Had we lost this case, no one would be able to look at actual separation agreements, even in redacted form," said John Paff of Libertarians for Transparent Government, which brought the case. "Rather, they'd have to take the agency's word for it as to what the agreements said."

In the guard's case, Cumberland County had turned down an Open Public Records Act request for the settlement agreement, saying it was a personnel matter. It chose instead to send a summary of the agreement. 

The summary said the officer had been "charged with a disciplinary infraction and was terminated," New Jersey Chief Justice Stuart Rabner's opinion reads. "This was not true. The officer was allowed to retire in good standing and collect a partial pension." 

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Paff and the libertarian group filed suit after they uncovered meeting minutes that conflicted with the summary, and the case was argued by Griffin, who specializes in Sunshine Law cases. 

In his ruling, Rabner said the public has a right to know, particularly when public officials are involved with malfeasance. Settlements with appropriate redactions must be handed over. 

"Without access to actual documents in cases like this, the public can be left with incomplete or incorrect information," Rabner wrote. 

The ruling has relevance to a situation in Woodland Park in Passaic County, where residents had been trying to learn the details of why a police lieutenant was suspended for 180 days. 

In January, months after NorthJersey.com sought information about his suspension and was denied a copy of the settlement, the borough posted the following on its website: "Lieutenant Erik Luker was suspended for one hundred eighty (180) days for failure to perform duties, insubordination, neglect of duty, conduct unbecoming a public employee, misuse of public property, and other sufficient cause(s) ... The Officer was found to have spent a substantial amount of time while on duty at personal locations unrelated to his police duties without approval."

The post does not mention how much time the lieutenant had missed and what restitution was made. Those are details that would be contained in a settlement agreement. 

Griffin said the court's ruling should mean greater accountability.

"The public will be able to see whether the employee was allowed to negotiate away major misconduct and retire or resign on good terms," she said.

She added that access is particularly important when it comes to law enforcement. 

At times, police officers charged with misconduct are able to bargain to better terms that might let them separate with a payout, she said.

"Now the public can see those terms and hold public officials who agree to them accountable," Griffin said.

Matt Fagan is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: fagan@northjersey.com

Twitter: @fagan_nj