A New Jersey appeals court backs Governor Corzine’s refusal to disclose 2007 emails between himself and union leader (and ex-girlfriend). The court says the governor’s “executive privilege” trumps the disclosure requirements of New Jersey’s FOI law, according to this report from Bloomberg.-PS
By Terrence Dopp
Jan. 12 (Bloomberg) — E-mails between New Jersey Governor Jon Corzine and a labor leader he once dated need not be made public, a state appellate court ruled.
“I am pleased with the court’s decision,” Corzine, 62, told reporters today outside his Trenton office. “It’s an important argument to be made, not just for this governor, but for all governors in the future. There has to be a certain proper give and take that all governors need to reach conclusions.”
Corzine’s exchanges with former Communications Workers of America Local 1034 President Carla Katz during union negotiations in 2007 are covered under executive privilege, according to the decision released today. At the time, Katz led the largest union local representing state workers.
“The governor properly asserted executive privilege and plaintiff did not articulate or identify a sufficient reason to overcome the privilege,” Judge Mary Catherine Cuff wrote in the three-judge panel’s 37-page decision. “The release of confidential e-mails may have a chilling effect on the governor’s ability or willingness to solicit advice, or accept unsolicited advice in the future.”
Paul Fishman, attorney for Katz, said he hadn’t read the full decision and declined to comment.
“Confidentiality serves to protect the public’s interest in effective government,” Attorney General Anne Milgram said in a statement. “Executive privilege is essential to the ability of Governor Corzine and all future governors to perform their duties and be able to receive and solicit advice from diverse sources.”
Re-election Sought
The governor, a first-term Democrat who has said he will seek re-election in November, appealed an order by Superior Court Judge Paul Innes to turn over e-mails in the case. Katz also argued against disclosing their content.
Republican State Committee Chairman Tom Wilson sued Corzine to see the communications, arguing they could indicate the presence of a conflict of interest.
Wilson, in a statement, called the decision an “affront to open and honest government” and said if Corzine doesn’t release the e-mails, he’ll appeal to the state Supreme Court.
“This matter comes down to the right of the people to decide for themselves whether or not the back-channel communications between Katz and Corzine inappropriately influenced Corzine’s actions,” Wilson said. “This matter comes down to transparency in government, to accountability and to integrity.”
Corzine has said his relationship with Katz ended before he was elected governor in November 2005. They e-mailed in 2006 and 2007 while the state negotiated with her bargaining unit. Katz received permission in July 2007 to join with Corzine to seek to block release of the correspondence.
Copyright 2009, Bloomberg News Service