Settlement Agreement and Section 10 information (20230225-1.txt)
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
RECORDS REQUESTED:
1. Settlement Agreement or Release that resolved Nedd J. Johnson, Sr. v. Bridgeton Board of Education, et al, Docket No. CUM-L-93-19
2. For Nedd J. Johnson, Sr. his or her "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
3. For Thomasina Jones, his or her "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
Good Morning,
I am forwarding the attached response on behalf of Nicole Albanese.
See below and attachment.
Please let us know if you have any questions.
Shelly
Shelly Peterson
Administrative Assistant to SBA
Bridgeton Board of Education
PO Box 657
Bridgeton, NJ 08302
Phone: 856-455-8030 x 2040
Fax: 856-459-2084
Dear Ms. Peterson,
Thank you for the Section 10 information. I look forward to receiving the settlement agreement.
John Paff
Dear Ms. Peterson:
That's surprising. In his January 19, 2023 letter to Judge Swift, Mr. Nedds' attorney stated:
"I am very pleased to inform you that the parties have reached a tentative settlement in the above captioned matter. We only need to await approval from the School Board at their next meeting which is February 7, 2023. Both Albert Marmero, Esquire, the Solicitor for the School Board as well as defense counsel at bar have stated that they would recommend the approval. It should also be noted that the insurance adjustor for the carrier has stated that she will recommend the proposed settlement as well."
Even if the settlement agreement is in draft form (i.e. it wasn't approved at the February 7, 2023 meeting), it is not true that it "does not exist." Rather, you should have told me that it exists but that it is not yet disclosable because it is still in draft form.
Also, as you probably already know, according to Burnett v. Gloucester the Board is under a duty to check with its insurers and attorneys to see if they have requested settlement agreements even if those agreements are not in the Board's office. According to the quoted portion of the letter, Mr. Marmero, defense counsel and the insurance carrier were all in possession of the draft settlement.
Would you please consider revising your response to my OPRA request, as it pertains to the settlement agreement or release?
Yours sincerely,
John Paff
John,
I hope all is well, as it has been some time since we last spoke.
The District's response to your OPRA request was accurate. Mr. Johnson's
attorney did issue a letter to Judge Swift on January 19^th to indicate
that a settlement has been reached. And it appears that is the case.
However, Mr. Johnson's attorney did not issue a draft settlement
agreement. The District's insurance defense counsel issued a draft to Mr.
Johnson's attorney last week. Mr. Johnson and his attorney have not
approved this agreement yet. I have not completed review of it yet, the
Board of Education has not seen it yet, and the insurance carrier has not
approved it yet. In my experience these documents get bounced back and
forth and revised a few times.
So, it appears this matter will settle. But it has not yet settled
and there has been no release just yet. The District fulfilled their
obligation under Burnett and inquired about a settlement agreement, but an
agreement does not exist yet.
Thanks,
Al
[1]Marmero Law Firm | NJ
Albert K. Marmero, Esq.
Marmero Law, LLC
44 Euclid Street
Woodbury, NJ 08096
(856)848-6440
(856)848-5002 FACSIMILE
[2][email address]
Thanks Al, nice to hear from you.
Note that Shelly Peterson told me in her February 28, 2023 response to my request for the settlement agreement that "No such record exists." Then, in a subsequent e-mail that day she stated "I had noted in prior email that no such settlement agreement exist."
While I suppose that Ms. Peterson's answer was technically true--the settlement agreement is not a settlement agreement until signed by all parties--it would have been, in my view, better practice for her to have told me "the settlement agreement is still in draft form and can't be released yet." Her response that no such record existed caused me to write my February 28th follow up message to her (I thought that she made an error) which in turn caused you to take time (and probably billing the school board for) writing back to me with your clarification.
OPRA is intended to get disclosable records into the public's hands as efficiently as possible. Toward that end, I ask that you work with Ms. Peterson to ensure that her OPRA responses are not just technically true, but strive to be candid and informative.
Thank you.
John
Good Morning,
Jones settlement agreement attached as per your request.
Have a great day.
Shelly
Shelly Peterson
Administrative Assistant to SBA
Bridgeton Board of Education
PO Box 657
Bridgeton, NJ 08302
Phone: 856-455-8030 x 2040
Fax: 856-459-2084
From: John Paff <[email address]>
Sent: Friday, April 14, 2023 3:36 PM
To: Nicole Albanese <[Bridgeton Board of Education request email]>
Subject: [EXTERNAL MESSAGE]OPRA request - Settlment Agreement (20230414-2.txt)
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Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
RECORDS REQUESTED:
Settlement Agreement or Release that resolved Thomasina Jones v. Bridgeton Board of Education, Docket No. CUM-L-110-19.
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