New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1124

Introduced
1/9/24  

Caption

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

Impact

The enactment of S1124 would have significant implications for existing laws regarding employee protections and public accountability. It systematically breaks down the barriers to transparency that can surround whistleblower settlements, which, in many instances, have been used to keep serious issues under wraps. By mandating that these agreements be available for public scrutiny, the bill could empower employees to report misconduct without the fear that their claims will be buried under confidential terms.

Summary

Senate Bill S1124 aims to enhance transparency within public entities by prohibiting them from entering into confidential settlements concerning whistleblower claims. Specifically, the bill targets agreements made under the 'Conscientious Employee Protection Act,' which allows employees to report wrongdoing without fear of retaliation. By making such settlements public records, S1124 seeks to ensure that any attempts to conceal information related to public interest claims are thwarted, fostering a more accountable government.

Contention

While proponents of S1124 argue that increased transparency will protect the public interest and encourage whistleblowers, opponents might raise concerns about potential encroachments on privacy and the ability of public entities to conduct affairs privately in sensitive situations. There may also be apprehension about the impact this bill could have on the willingness of individuals to engage in whistleblowing, as the visibility of their claims may deter some from coming forward if they anticipate backlash or public scrutiny.

Additional_points

The bill carves out an exception for national security matters, recognizing the need for some confidentiality in sensitive state affairs. Furthermore, it requires that settlement agreements be made available in a searchable format on the Attorney General's website. By stipulating detailed public disclosure, including the amounts and parties involved in settlements, S1124 underscores its commitment to increasing governmental transparency and accountability.

Companion Bills

NJ A3167

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

Previously Filed As

NJ A3167

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

NJ A1134

Bars public entities and public employees from entering into confidential settlements of claims against them; provides that such settlements constitute public records.

NJ A1320

Bars public entities and public employees from entering into confidential settlements of claims against them; provides that such settlements constitute public records.

NJ SB2014

MS Public Records Act; prohibit confidentiality of settlement agreement.

NJ SB2094

MS Public Records Act; prohibit confidentiality of settlement agreement.

NJ SB2042

MS Public Records Act; prohibit confidentiality of settlement agreement.

NJ SB2491

MS Public Records Act; prohibit confidentiality of settlement agreement.

NJ A3114

Includes e-mail addresses in list of confidential items to be redacted from public records under OPRA.

NJ S1236

Includes e-mail addresses in list of confidential items to be redacted from public records under open public records act.

NJ A1852

Includes e-mail addresses in list of confidential items to be redacted from public records under OPRA.

Similar Bills

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AZ HB2275

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CA AB560

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AZ HB2222

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NJ A232

Requires settlement agreements concerning equal employment opportunity to be approved by NJT board of directors.

NJ S927

Requires settlement agreements concerning equal employment opportunity to be approved by NJT board of directors.

NJ A954

Requires settlement agreements concerning equal employment opportunity to be approved by NJT board of directors.

CA SB809

Employees and independent contractors: construction trucking.