A state agency will decide whether a Readington Township resident can access 175 e-mails that township officials and their public relations firm exchanged prior to a referendum on Solberg Airport.

Readington Township has denied Don Baldwin's request for the e-mails with CN Communications International Inc., claiming the correspondence is privileged information.

But the New Jersey Government Records Council has ordered township officials to turn over the e-mails for review so it can determine whether the material is exempt under the state open records law.

"I think (the Government Records Council) will find that these are not privileged documents," Baldwin said.

The Government Records Council decided it must review un-redacted copies of the records to determine whether they are legally exempt from disclosure. Council spokesman Chris Donnelly wrote in an e-mail Monday there is no deadline for the review.

The council found the township violated state law by failing to grant or deny Baldwin access to the records within the mandated seven business days and failing to obtain a written agreement from Baldwin extending the timeline to fulfill his request, according to a Government Records Council document.

The council also said the township failed to seek clarification about part of Baldwin’s request, which the township contends was overly broad, and instead undertook its own response.

Township officials have said they hired CN Communications to help distribute facts about Solberg Airport, especially about last year’s referendum that gave officials authorization to borrow up to $22 million for a purchase of land around the airport and development rights to the airport.

Neither township attorney Sharon Dragan nor township administrator Vita Mekovetz returned calls seeking comment Monday.

"They were just supposed to be facts presented to the citizens for the bond referendum," Baldwin said. He said he doesn’t understand a need for secrecy of facts.

The township has long been embroiled in a dispute with the airport owners. Township officials want to acquire the land and development rights to the airport through a condemnation action being handled in Somerset County Superior Court.

In August, Baldwin requested all invoices to the township from CN Communications for 2005 and 2006. He also requested any and all correspondence between township personnel "at any level, elected or otherwise," and CN Communications for 2005 and 2006, according to a Government Records Council document.

While Baldwin received copies of invoices and the contract with the public relations firm, he was told in a letter the next month the remaining records he sought "were not required to be released under (the Open Public Records Act) because they were pre-decisional drafts and advisory, consultative or deliberative material in nature," the document says.

After reviewing the faxes, e-mails, memos and letters the township retrieved among the firm, township committee members and township special counsel, the township said they "generally consisted of requests for direction, personal thoughts, opinions or advice, including proofreading remarks on draft documents," according to the a Government Records Council document. The township asserts those things were finalized and made available to the public in their final form.

If the council determines the township unlawfully withheld the documents, Baldwin will seek attorney’s fees.

"I think transparency on this type of issue is really at the core because it involves spending public funds on a public relations firm," Baldwin said.

Reporter Andrea Eilenberger can be reached at 610-258-7171 or by e-mail at aeilenberger@express-times.com.

© 2007 The Express-Times.

Date: May 1, 2007 Source: NJ.com
URL: http://www.nj.com/news/expresstimes/nj/index.ssf?/base/news-5/117799533857130.xml&coll=2