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Tuesday, November 27, 2007

A Loophole You Could Drive a Truck Through in Jersey

The Corzine administration does not have to make public a consultant’s study on a proposal to sell or lease toll roads, a Superior Court judge ruled Monday.

Judge Linda Feinberg declined to dismiss the case, as requested by the administration. But ultimately she ruled in Governor Corzine’s favor, agreeing that the report by London-based Steer Davies Gleave could remain private because it falls under the category of “inter-agency or intra-agency advisory, consultative, or deliberative material,” which are exempt from the state’s Open Public Records Act.

Feinberg’s written ruling stated her decision was based, in part, on the fact that “the Governor has not decided whether to propose proceeding with a monetization program or, if such a program is deemed desirable, how to structure the program.” Feinberg also wrote that “disclosure of the withheld materials could lead to confusion of the public.”

More here.

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