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Libertarian Party of Central New Jersey Open Government Task Force |
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A popular Government without popular information, or
the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge
will forever govern ignorance. And a people who mean to be their own Governors, must arm themselves
with the power which knowledge gives.
Letter to W.T. Barry, Aug. 4, 1822, in 9 Writings
of James Madison 103 (G. Hunt ed. 1910)
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LPCNJ/Paff v. Garwood Board of Education
Union County Prosecutor Case No. None - Filed 11/29/06 First Posted 11/29/06 - Last Updated 11/29/06
PDF of case documents
- Issue Presented:
- Various violations of Open Public Meetings Act regarding closed sessions
- Requested Relief:
- Demanding compliance
Status: Matter tentatively settled.
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LPCNJ/Paff v. Somerset County Joint Insurance Fund
Superior Court/Somerset County Prosecutor Case No. None - Filed __/___/____ First Posted 03/24/06 - Last Updated 05/27/06
PDF of case documents
- Issue Presented:
- Various violations of Open Public Meetings Act regarding closed sessions
- Requested Relief:
- Demanding compliance
Status: Matter tentatively settled.
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LPCNJ v. Roselle Park Borough Council
Union County Prosecutor Case No. None - Filed 08/31/04 First Posted 12/15/05 - Last Updated 12/15/05
PDF of case documents
- Issue Presented:
- Various violations of Open Public Meetings Act regarding closed sessions
- Requested Relief:
- Demanding compliance
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LPCNJ v. Old Bridge Township
Middlesex County Prosecutor Case No. None - Filed 09/01/05 First Posted 09/09/05 - Last Updated 09/09/05
PDF of case documents
- Issue Presented:
- Proposed ordinance to improperly restrict public access to Township Council's closed session minutes.
- Requested Relief:
- Ruling that proposed ordinance is invalid.
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Paff v. Old Bridge Township
Government Records Council Case No. 2005-123 - Filed 06/13/05 First Posted 07/16/05 - Last Updated 04/18/06
PDF of case documents
- Issue Presented:
- Closed session meeting minutes improperly denied. Improper demand that "official" request form be used, and the form itself is not compliant with OPRA
- Requested Relief:
- Production of closed session minutes and compliance with request form requirements.
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Paff v. Highland Park Planning Board
New Jersey Superior Court, Middlesex County Docket No. (none) - Filed (Not filed) First Posted 04/13/05 - Last Updated
06/15/05 PDF of case documents
- Issue Presented:
- Public meeting minutes not promptly made publicly available
- Requested Relief:
- Compliance.
To listen to John Paff and the Planning Board's May 26, 2005 discussion on the Board's duty to produce its minutes in a timely fashion, click here
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Paff v. Franklin Twp. Redevelopment Agency
New Jersey Superior Court, Somerset County Docket No. L-001448-04 - Filed 10/01/04 First Posted 04/06/05 - Last Updated
06/17/05 PDF of case documents
- Issue Presented:
- Insufficient closed session resolutions and executive session minutes redacted too heavily.
- Requested Relief:
- Compelling compliance.
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Paff v. Union Township Committee
Goverment Records Council Docket No. Not Yet Assigned - Filed 07/19/05 First Posted 06/13/05 - Last Updated 07/18/05
(Includes previous Superior Court case which is now closed) PDF of case documents
- Issue Presented:
- Disclosure of closed session minutes.
- Requested Relief:
- Compelling compliance.
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Paff v. Plainsboro Township
Local Finance Board Case No. none - Filed 02/10/05 First Posted 02/10/05 - Last Updated
03/12/05 PDF of case documents
- Issue Presented:
- Total cost of no-bid legal services contract not published and authorizing resolution technically deficient.
- Requested Relief:
- Compelling compliance. File Closed on March 12, 2005 after Local Finance Board
adjudicated complaint. Complaint partially sustained.
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Paff v. Plainsboro Township Clerk
Government Records Council Case No. 2005-29 - Filed 02/10/05 First Posted 02/10/05 -
Last Updated 08/22/05 PDF of case documents
- Issue Presented:
- Denial of Township Committee's closed session minutes and
"unapproved" public session minutes.
- Requested Relief:
- Compelling compliance
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Paff v. Far Hills Borough Clerk
Government Records Council Case No. 2005-30 - Filed 02/08/05 First Posted 02/08/05 -
Last Updated 09/28/05 PDF of case documents
- Issue Presented:
- Total suppression of Borough Council's closed session minutes relating
to police officer discipline and other issues not legally justified (Interestingly, Borough Clerk's office previously and
mistakenly gave me unrestricted access to all closed session minutes!)
- Requested Relief:
- Compelling compliance
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Highland Park Redevelopment Agency
The Redevelopment Agency is in charge of implementing Highland Park Borough's plan to
"redevelop" its downtown area. The Agency has the power of eminent domain. Accordingly, it has the
power to forcibly dispossess business and home owners who decline to participate in the Redevelopment process.
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Paff v. Perth Amboy City Council
New Jersey Superior Court, Middlesex County Docket No. L-000026-05 - Filed 12/30/04
First Posted 01/06/05 - Last Updated 12/06/05 PDF of case
documents
- Issues Presented:
- 1) Heavy redaction to City Council's closed session minutes render
them virtually useless; 2) Non-exempt issues apparently discussed during closed session.
- Requested Relief:
- Compelling compliance, injunctive, declaratory and award of court
costs.
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CLOSED MATTERS
LPCNJ v. Union County Improvement Authority
Union County Prosecutor Filed 03/14/06 First Posted 06/12/06 - Last Updated 06/12/06
PDF of case documents
- Issue Presented:
- Violations of Open Public Meetings Act regarding closed session resolutions.
- Requested Relief:
- Demand compliance
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- Outcome:
- Prosecutor agreed with LPCNJ position.
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LPCNJ v. Kenilworth Brook Board of Education
Union County Prosecutor Filed 03/27/06 First Posted 06/12/06 - Last Updated 06/12/06
PDF of case documents
- Issue Presented:
- Violations of Open Public Meetings Act regarding closed session resolutions and minutes
- Requested Relief:
- Demand compliance
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- Outcome:
- Prosecutor agreed with LPCNJ position.
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LPCNJ/Paff v. South Bound Brook Board of Education
Superior Court/Somerset County Prosecutor Case No. None - Filed __/___/____ First Posted 06/01/06 - Last Updated 06/12/06
PDF of case documents
- Issue Presented:
- Violations of Open Public Meetings Act regarding closed session resolutions and minutes
- Requested Relief:
- Demanding compliance
- Outcome:
- School Board agreed to comply with LPCNJ position.
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LPCNJ v. Elizabeth Board of Education
Union County Prosecutor Case No. None - Filed 12/27/05 First Posted 02/12/06 - Last Updated 03/05/06
PDF of case documents
- Issue Presented:
- Various violations of Open Public Meetings Act regarding closed sessions
- Outcome:
- Prosecutor directed to Board to review its procedures.
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LPCNJ v. Bound Brook Borough
Somerset County Prosecutor Case No. 0504-0420 - Filed 02/22/05 First Posted 04/01/05 - File Closed
10/13/05 PDF of case documents
- Issue Presented:
- No closed session minutes available for several years and improper non-public meeting of a quorum of the Planning Board.
- Outcome:
- The Bound Brook Borough Council was found to have improperly failed to maintain minutes of its closed sessions. The Borough was also warned that the meeting practice of its redevelopment agency's subcommittee "may present an appearance of impropriety [and] that future decisions of the Planning Board . . . may be jeopardized as a result of those meetings not being open to the public."
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