Judge Orders City of Newark to Produce Log of Records Related to Facebook Donation

January 27, 2012

Judge rejects city’s motion to dismiss parents’ group’s lawsuit

NEWARK – A Superior Court judge today ordered a lawsuit to proceed against the City of Newark (151k PDF) over documents related to Facebook founder Mark Zuckerberg’s $100 million donation for the city’s schools, and ordered the city to produce a list of the documents in its possession. Judge Rachel N. Davidson denied a motion by the city to dismiss the complaint, filed by the American Civil Liberties Union of New Jersey (2.1mb PDF) (ACLU-NJ) on behalf of the Secondary Parent Council (SPC), a group of Newark parents and grandparents seeking more transparency about the Zuckerberg donation.

“Newark’s arguments to skirt New Jersey’s public disclosure laws (1.5mb PDF) simply haven’t added up from the start – that’s just one reason why this lawsuit is going forward today,” said Frank Corrado, an attorney with Barry, Corrado, Grassi & Gibson as well as the president of the ACLU-NJ Board of Trustees, who represents SPC on the ACLU-NJ's behalf. “When Mayor Booker accepted this generous offer to help transform Newark’s schools, he emphasized the role the public would play in the process. Instead they have been denied basic requests for public documents.”

The city has argued it does not have any documents, but that even if it did, they would be shielded by mayoral executive privilege, which does not exist in New Jersey. During a hearing on the motion to dismiss the case today, Judge Davidson said she found it hard to believe the city did not possess any records related to the September 2010 donation.

“It’s a little difficult to believe that after Mr. Zuckerberg pledged $100 million to the Newark Schools that the City of Newark would not have a document,” said Judge Davidson.

Michael Witt, the attorney representing the city, acknowledged that the city has some documents, which he believed would comprise roughly 50 pages of emails. The judge ordered the city to provide a log with a description of those emails by Feb. 10, 2011.

The judge’s ruling today brings Newark parents one step closer to a better understanding of the details of the donation, which was intended to transform Newark schools. Despite numerous requests for more detailed records since the announcement of the gift in September 2010, the City of Newark has released only general information about the use and sources of the funding rather than the complete body of information the public is entitled to under law.

“As parents and grandparents, we simply want to fully understand the impact of this gift on our children and get a better grasp on this aspect of their education,” said Laura Baker of the Secondary Parent Council. “Refusing to share details the public deserves to know sends a message that outside funders have more insight into the Newark Public Schools than the community members who have a stake in the process.”

The case is captioned Secondary Parent Council v. Newark.

Related Content

• More Obstacles Encountered in Quest for Transparency about Facebook Donation
• Community Groups, ACLU-NJ Seek Public Records About Facebook Donation
• Newark Mayor Cory Booker Speaks About the Facebook Money

Court Documents

• OPRA Request (305k PDF)
• Complaint (440k PDF)
• OPRA Denial (324k PDF)
• Newark's Response (1.6mb PDF)
• Order Dismissing Complaint (151k PDF)
• Motion in Opposition to Dismiss (2.0mb PDF)
• Motion to Dismiss (1.4mb PDF)

Gov. Christie Earns Mixed Marks on Civil Liberties During His First Two Years

January 24, 2012

ACLU-NJ examines Christie’s record on respecting rights

NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) released a midterm report card for Gov. Chris Christie today (182k PDF), issuing mostly low marks for his administration’s handling of critical civil liberties issues such as reproductive freedom and free speech.

The report card examines Christie’s record on an array of civil liberties issues during his first two years in office. The ACLU-NJ issued a similar report card for Newark Mayor Cory Booker (229k PDF) in 2009 during his first term in office.

“Christie has two years to turn a mediocre civil liberties record into a testament to individual rights,” said ACLU-NJ Executive Director Deborah Jacobs. “The people of New Jersey expect a leader who will stand up for their freedoms, not one who will let them know that despite his unfair policies, his heart is in the right place. It’s time for Gov. Christie’s good intentions to turn into policies that strengthen our rights and improve our lives.”

The ACLU-NJ issued the following grades:

• B in Freedom of Religion. Gov. Christie made headlines several times in his first term for defending the religious freedom of Muslims and warning against extremists trying to promote discrimination against Islam.


• F in Freedom of Speech. When provided the opportunity to speak up for our nation’s most fundamental value, the Governor stood idly by, letting the Department of Military and Veterans Affairs trample the rights of Occupy Trenton, and going so far as to endorse the termination of a NJ Transit employee fired for exercising his right to free expression.


• B- in LGBT Rights. Although the Governor has spoken out against bullying and supported some interests of the LGBT community, he has turned his back on marriage equality for same-sex couples.


• D in Open Government. Although the Governor signed a bill that lowers the cost of copies in New Jersey, his administration has put itself on the wrong side of open government disputes numerous times, allowing agencies to hide public documents and forcing citizens to go to court to get them.


• C in Police Practices. Improvements made by the Office of Attorney General (OAG) to its statewide police Internal Affairs policies were a step forward, but the OAG has failed to address other important issues, such as developing a statewide policy on the use of confidential informants.


• C in Privacy Rights. The governor conditionally vetoed a bill that sought to open adoption records, taking into account the privacy rights of birth parents. At the same time, he signed into a law a bill that allows police to collect DNA of people once they have been arrested in violation of privacy and due process rights.


• F in Reproductive Rights. Not only did the governor cut $7.5 million from the budget for family planning centers, but he also withdrew an application for a federal program that would have covered family planning expenses for some of New Jersey’s most vulnerable women and children.


• D in Separation of Powers. The Governor refused to reappoint New Jersey Supreme Court Justice John J. Wallace, Jr., calling into question the tradition of evaluating judges based on merits, and personally attacked a Superior Court judge because he disagreed with the outcome of her ruling. Gov. Christie’s actions threaten to undermine the judiciary’s independence and credibility.

One Year After Initial Request, Department of Education Agrees to Release Records

November 17, 2011

NEWARK - In response to a lawsuit filed by the ACLU-NJ, the New Jersey Department of Education (DOE) has released public records containing the names of outside persons brought in by the DOE to review applications from schools seeking charters from the Commissioner of Education. The documents were released nearly one year after the initial request was filed by the Education Law Center (ELC).

New Guides Help NJ Citizens Gain Access to Government

November 02, 2011

NEWARK - Although New Jersey's Sunshine Law and Open Public Meetings Act are powerful tools to gain access to government officials, interpreting the laws can sometimes present a challenge. The ACLU-NJ has two new resources to change that, one demystifying the Sunshine Law and another shedding light on the Open Public Records Act.

More Obstacles Encountered in Quest for Transparency about Facebook Donation

October 25, 2011

NEWARK - The Secondary Parent Council (SPC) and other organizations seeking information about the $100 million pledge by Facebook CEO Mark Zuckerberg continue to encounter roadblocks by the City of Newark and other public officials who are using personal email accounts to discuss the donation.

Parents' Group Sues for Details of Facebook Donation to Newark Schools

August 23, 2011

NEWARK - The American Civil Liberties Union of New Jersey's Open Governance Project (ACLU-NJ) and the Newark-based Secondary Parent Council (SPC) filed suit today against the City of Newark for refusing to release records concerning the $100 million gift that Facebook Chief Executive Mark Zuckerberg pledged last September to transform the city's public school system.

ACLU Seeks Details on Government Phone Tracking in Massive Nationwide Information Request

August 03, 2011

NEW YORK, N.Y. - In a massive coordinated information-seeking campaign, 34 American Civil Liberties Union affiliates across the nation today, including New Jersey are sending requests to 375 local law enforcement agencies large and small demanding to know when, why and how they are using cell phone location data to track Americans. The campaign is one of the largest coordinated information act requests in American history. The requests, being filed under the states' freedom of information laws, are an effort to strip away the secrecy that has surrounded law enforcement use of cell phone tracking capabilities.

Gov. Christie releases records after lawsuit

July 25, 2011

NEWARK - In response to a lawsuit filed by the American Civil Liberties Union of New Jersey, Gov. Chris Christie's office today released records that it originally shielded citing executive privilege.

ACLU-NJ sues to challenge Gov. Christie's denial to release Ailes emails to Gawker reporter

July 25, 2011

NEWARK - The American Civil Liberties Union of New Jersey has sued New Jersey Governor Chris Christie's office on behalf of Gawker Entertainment and its reporter challenging the Governor's refusal - based on claims of executive privilege — to release correspondence between Fox News President Roger Ailes and Governor Christie.

Lawsuit Aims to Make State’s Charter School Review Process Transparent

March 04, 2011

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) filed a lawsuit against the New Jersey Department of Education (DOE) today, demanding that it disclose the names of volunteers who reviewed applications to create or renew public charter schools and details about the training they receive.