Plainsboro Township has been cited by the state Government Records Council (GRC) for a violation of the Open Public Records Act (OPRA).##M:[more]##
The GRC at its meeting on July 14 upheld a complaint by John Paff, a Libertarian activist, that the township violated OPRA by failing to provide minutes from a closed session meeting of the township committee.
Governing bodies are allowed by state law to hold closed session (also called executive session) meetings that are not open to the public to discuss matters of litigation, personnel, or land negotiations. The minutes of those meetings are often not made public until the subject discussed has been resolved.
In its decision, the GRA found that the township denied access to closed session minutes without providing a sufficient explaination.
Paff says that although Plainsboro provided easier access to public documents than many of the other municipalities he deals with, there is still room for improvement in the township. Paff is chairman of the Libertarian Party of New Jersey’s Open Government Task Force. Since the end of last December alone, he has filed 10 complaints against Central Jersey municipalities alleging OPRA violations.
Plainsboro Mayor Peter Cantu criticized the actions of Paff and his group. “These people are a bunch of damn zealots that have gone out to a number of municipalities looking to trip up the officials with regards to the regulations. It’s kind of bizarre.”
The GRA directed Township Clerk Patricia Hullfish to provide Paff with the executive session minutes of September 11, 2002, September 25, 2002, and October 27, 2004, within 10 business days from receipt of the council’s decision and to provide confirmation to the council’s executive director.
The council also ordered Hullfish to remove information exempted by OPRA from the minutes, providing a detailed and lawful basis for each item removed.
OPRA was passed by the state legislature and governor in 2001 as an effort to broaden access to public information. The law was an amendment to the New Jersey Right to Know Law, enacted in 1963.
The Government Records Council is comprised of the commissioner of the state Department of Community Affairs or a designee, the commissioner of the state Department of Education or a designee, and three public members appointed by the governor.
Duties of the GRC include hearing complaints filed over denials of access to a government records; establishing an informal mediation program to resolve disputes over access to government records; and preparing lists for use by records custodians of the types of records that are open government records.
Cantu says that although he has net yet seen the GRC decision, Plainsboro has worked overtime to be compliant with public information laws. “This situation is unfortunate. Pat (Hullfish) is meticulous about adhering to the requirements.”
Township Administrator Robert Sheehan also defends Hullfish. “My impression is that we’re pretty quick to release requests for public information, and Pat is at the helm making sure it gets done.”
He also pointed out that Hullfish is highly-respected by other muncipal clerks in the state and that she was elected by her peers to serve on the board of directors of the International Institute of Municipal Clerks.
Hullfish was on vacation this week and unavailable for comment. In the past she has made numerous comments to the News regarding her high level of commitment to upholding the public’s right to access information. Hullfish has served as township clerk since 1983.
Sheehan limited his comments on the GRC ruling because it had not been received by the township. “I’m a litle frustrated. The records council has shared its rulings with the media, but I haven’t seen it. I find it ironic that their open public records haven’t been made open to us. I’m looking forward to getting something from them and trying to understand the situation.”
