A Capehart Scatchard Blog

Tag: settlement agreement

N.J. Supreme Court Rules that OPRA Requires Disclosure of Settlement Agreements with Public Employees

By: Becky Batista, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On March 7, 2022, the New Jersey Supreme Court reversed a decision by the Appellate Division in Libertarians and Transparent Government v. Cumberland County and determined that a settlement agreement between a former corrections officer and his employer, Defendant Cumberland County (“County”) is subject to disclosure under the Open Public Records Act (“OPRA”). Plaintiff sought a settlement agreement wherein the former County corrections officer admitted to “improper fraternization” with two female inmates and bringing contraband into the jail. Plaintiff requested this agreement and specific information about the officer’s separation of […]

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Commissioner of Education Rejects Settlement Agreement to Terminate Send-Receive Agreement

By on March 20, 2018 in Other with 0 Comments

It should be easy to end a send-receive relationship between two boards of education when they both agree to sever ties – right? Not so fast, says the New Jersey Commissioner of Education (“Commissioner”) in a decision issued on February 9, 2018 in Mine Hill Board of Education v. Dover Board of Education. The Commissioner rejected a settlement agreement reached between two boards of education to terminate a send-receive relationship for failing to follow the rules regarding termination. The Mine Hill Board of Education (“Mine Hill”) wanted to modify its send-receive relationship with the Dover Board of Education (“Board”) and […]

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Appellate Division Overturns GRC in OPRA Case Involving Release of Settlement Agreement

By on November 21, 2017 in Open Public Records Act with 0 Comments

On November 15, 2017, the New Jersey Appellate Division issued an unpublished decision in Scheeler v. Galloway Township regarding an Open Public Records Act (“OPRA”) request seeking a settlement agreement between Galloway Township (“Galloway”) and its former manager. In short, the Appellate Division found that the document in question constituted a final settlement agreement subject to disclosure under OPRA contrary to the position of Galloway. On November 12, 2014, Galloway adopted a resolution in public session authorizing the settlement of the litigation between it and the former manager. Specifically, the resolution stated that Galloway’s agreement to settle was subject to […]

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