Wefer for Morris County Freeholder

Contact: Dana Wefer's Campaign For Immediate Release
Phone: (973)610-0491
Email: DanaWefer@gmail.com

FREEHOLDER CANDIDATE: MORRIS COUNTY STILL NOT IN COMPLIANCE WITH OPRA
Wefer renews calls for open government and beseeches county to comply with law

Morristown, October 1, 2006- Morris County Democratic candidate for Freeholder, Dana Wefer, sent a certified letter to the county on Monday reiterating her request that the county bring itself into compliance with the Open Public Records Act. Previously, Wefer was compelled to institute a lawsuit against the county when the county refused to disclose information regarding appointments to county advisory boards and information on payouts approved by the Freeholder’s Insurance subcommittee.
The county took almost a month to release the information on the insurance settlements to Wefer and when they did, it was only after redacting dozens of claims. The county cited confidentiality agreements as the reason for the redactions. Wefer contends that even if such agreements require that names be redacted,, it is a clear violation of OPRA to redact the amount of taxpayer money that has been paid. "The county simply cannot make a private agreement with a private party to not tell how the public how much taxpayer money they are spending," Wefer said. "To suggest otherwise is preposterous. This just demonstrates how badly we need open government in Morris County; the powers that be are digging in their heels and disclosing as little as possible. Efficient government should provide no motivation to be so obstinate," Wefer said.
The freeholders have also refused to disclose the municipalities of residence of their advisory board appointees. Wefer contends that this information is clearly public record because the public has an interest in knowing at the very least that the people live in Morris County. Wefer wants the information to see if municipalities are equally represented.
Wefer is making her second run for Freeholder after an impressive showing last year. She is the sole female candidate in a field of six candidates seeking election to the Freeholder Board this Fall. The two other Democrats are Mine Hill Mayor Rich Leary and Chatham Township Councilman Jack Hartford. The Democrats are widely regarded as having an unprecedented opportunity to win a seat on the Freeholder Board.
The certified letter is below.

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October 2, 2006
Dear Mr. Bonanni:

Re: OPRA Requests and Consideration of Legal Action

I write to inform you that it is my contention that the County is still in violation of the Open Public Records Act ("OPRA") for two of the four requests I made on August 26, 2006.

As you are fully aware, my first request asked for following information: (1) a list of the county advisory boards, (2) the names of individuals appointed by the Morris County Board of Chosen Freeholders to serve on those county advisory boards, and (3) the corresponding names of the municipalities in which each of those appointees reside. I did not, as you have contended, ask for each member’s full address. A quick review of the original request will confirm this. Providing me the name of the municipalities of residence is not something about which appointees to advisory committees would have a reasonable expectation of privacy. This information is, at a minimum, necessary to confirm that each appointee is an actual resident of the county.

My second request asked for information on insurance settlements paid by the county for the last five years. Although you provided me with a list of certain payments made, several payouts had critical information redacted, including the name, amount, policy name and date under which the settlement was paid. According your letter dated September 13, 2006 this information was redacted pursuant to confidentiality agreements with the respective claimants. It is my understanding that confidentiality agreements may be reached to keep a party’s name private, but the information on how much was paid out and under what insurance policy it was paid cannot be subject to confidentiality agreements. Please provide with me evidence of the respective confidentiality agreements for each. Please also provide the amount paid out and policy under which it was paid for each settlement legitimately subject to a confidentiality agreement that protects the name of the other party. Note that I am not asking for information properly redacted, such as the name, just the amount paid out and policy under which it was paid.

Thank you for your prompt attention to this matter. I trust that your compliance with my requests will obviate the need for litigation. If you have any questions or comments, please do not hesitate to contact me.

Thank you,

Dana Wefer