Case Name: Libertarians for Transparent Government (LFTG) v. Ocean County Prosecutor’s Office
Docket Number: OCN-L-1699-16
Filing Date: June 23, 2016
Presiding Judge: Mark Troncone
This case seeks to determine how much information a government employer who forces an employee to resign under threat of removal must disclose in response to an OPRA request for the “reason” for the employee’s separation from employment. “Reason” for separation is one of the categories of information N.J.S.A. 47:1A-10 expressly requires to be disclosed.
After receiving a tip that an employee who worked in the evidence room at the Ocean County Prosecutor’s Office (OCPO) was forced to resign after failing a random drug test, Libertarians For Transparent Government (LFTG), a NJ nonprofit corporation, sought the “reason” underlying the employee’s separation from employment. LFTG believed that if it could confirm that the evidence room worker, referred to as “John Doe” in the lawsuit, was fired because of failing a drug test, that fact would be of legitimate interest to the public, particularly criminal defendants who were being prosecuted in Ocean County.
Order to show cause, Complaint, briefs filed by Plaintiff.
Order dismissing complaint.