New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1320

Introduced
1/9/24  

Caption

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

Impact

The impact of A1320 is significant as it alters the landscape of how public entities settle claims. By making settlements public records, the bill seeks to discourage practices that may allow government employees or entities to conceal wrongdoing through confidential agreements. This change is expected to empower citizens and watchdog organizations to hold their government accountable for issues that arise in the course of public service, thus enhancing government transparency and trust.

Summary

Assembly Bill A1320 aims to promote transparency in government operations by prohibiting public entities and public employees from entering into confidential settlements regarding claims or actions where they are a party. The bill stipulates that any such settlements must be considered public records, with the exception of cases involving national security. This legislative measure is designed to ensure accountability and public access to information related to government actions and decisions.

Conclusion

In summary, while Assembly Bill A1320 has the potential to increase transparency and accountability in the public sector, it also introduces complexities that require careful consideration of various stakeholders' perspectives. The evolving discussions surrounding this bill will likely determine its final form and impact as it progresses through the legislative process.

Contention

However, A1320 also raises concerns, particularly around the implications for national security settlements. Critics may argue that the federal or state interest in maintaining confidentiality in sensitive situations could be compromised by the enforceability of this bill. Additionally, there may be apprehensions about the chilling effect this could have on the willingness of public employees to engage in settlement discussions if they fear that their agreements will be made public, potentially resulting in more contentious litigation.

Companion Bills

NJ A1134

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

Previously Filed As

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 S1124

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

NJ A3167

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

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 SB2014

MS Public Records Act; prohibit confidentiality of settlement agreement.

NJ S1482

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

NJ S1236

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

NJ SB220

Publication Of Legal Settlement Terms

Similar Bills

PA SB1051

In corporate net income tax, further providing for definitions; in procedure and administration, further providing for petition for reassessment and for review by board and providing for settlement conference process, for closing agreements and for report to General Assembly; and, in general provisions, further providing for timely filing.

PA HB1994

In corporate net income tax, further providing for definitions; in procedure and administration, further providing for petition for reassessment and for review by board and providing for settlement conference process, for closing agreements and for report to General Assembly; and, in general provisions, further providing for timely filing.

CA AB1405

Debt settlement practices.

CA AB2810

Opioid Settlements Fund.

CA SB1105

Civil actions: settlement.

MI SB0592

Civil procedure: civil actions; civil actions against certain opioid litigation settlement defendants; prohibit. Amends secs. 2 & 3 of 2022 PA 85 (MCL 691.1672 & 691.1673).

CA AB2366

Sales and use tax: administration: settlements.

CA AB1166

Fair Debt Settlement Practices Act.