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Bill > A1229

NJ A1229

NJ A1229
Bars public entities and public employees from entering into confidential settlements of "whistleblower" claims; provides that such settlements constitute public records.

summary

Introduced
01/09/2018
In Committee
03/12/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 Regular Session

Bill Summary

This bill would bar public entities and public employees from entering into any agreement to settle claims or actions where the public employee asserts the protections of the "Conscientious Employee Protection Act," P.L.1986, c.105 (C.34:19-1 et seq., informally referred to as the "Whistleblower Act"), if: (1) the agreement provides for the terms and conditions to be confidential; or (2) the purpose or the effect of such agreement is to conceal information relating to any claim or action concerning the public interest. The bill provides for an exception for agreements involving matters of national security. Under the bill, such settlement agreements constitute public records under the open public records laws, P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.). Under current law, set out in P.L.1989, c.336 (C.2A:82-46), the name, address, and identity of a victim of a sex crime or child abuse who was under the age of 18 at the time of the offense shall not appear on the indictment, complaint, or any other public record. The bill specifically provides that the provisions of the bill are not intended to affect this requirement. The bill would also require the Attorney General to make such agreements publicly available online. The bill would require that a list of the settlement agreements be in a searchable format in a prominent location on the department's website. The information would include: (1) the date the parties entered into the agreement; (2) the names of the parties; (3) a description of the claims; (4) the total amount each party is obligated to pay; and (5) the total amount of compensation for any outside legal counsel. In addition, the bill provides that any other agreement to settle a claim or action where a public entity is a party would be considered a public record within the meaning of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.), except for matters involving national security.

AI Summary

This bill would bar public entities and public employees from entering into confidential settlements of "whistleblower" claims, which refer to claims made under the Conscientious Employee Protection Act (also known as the "Whistleblower Act"). Any such settlement agreements would be considered public records, except for matters involving national security. The bill also requires the Attorney General to make these settlement agreements publicly available online in a searchable format. Additionally, the bill states that any other agreement to settle a claim or action where a public entity is a party would be considered a public record, except for national security matters.

Committee Categories

Government Affairs

Sponsors (8)

Last Action

Reported out of Assembly Committee, 2nd Reading (on 03/12/2018)
(2 Companion Bills)

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