Citizen Uses Sunshine Law to Uncover Police Settlement

Here's what we love to see: a citizen using the Open Public Records Act (aka the Sunshine Law) to uncover details of a quiet settlement by Freehold Borough for a lawsuit claiming police misconduct.

Yesterday, John Paff of the New Jersey Libertarian Party's Open Government Advocacy Project posted the results of an OPRA request to his blog, explaining that the Borough's insurance agency paid resident Melvin Love $65,000 in July to settle a claim that police roughed him up and arrested him after Love gave them the finger.

The suit named  now-Sgt. Chris Colanear and now-Det. Chris Otlowski in the allegations of misconduct. In 2008, an investigation into Colanear's alleged misconduct during a motor stop was closed without charges.

According to Paff's post:

Love alleges that while he was talking to two friends outside his mother's home, [Officers] Colanear, Otlowski and other unnamed officers drove by and "taunted" him. In response to the officers, Love "gestured to them with his middle finger." This gesture, according to the suit, angered the officers who allegedly threw Love "through a fence and maced him" and then arrested him for disorderly conduct, resisting arrest and drug possession.

In the spirit of transparency, Paff then linked to the lawsuit and settlement agreement posted online (PDF).

Late last night, the News Transcript reported on the story, claiming that Paff posted his results to "an Internet message board on Nov. 19." After a little digging, we found the blog and figured it was best to point readers straight in that direction. Because we, like Paff, love civic engagement:

The settlement agreement contains a provision requiring both Love and the Borough from disclosing the terms of the settlement. Fortunately, however, such "confidentiality clauses" do not trump the public's right to know under the Open Public Records Act.

Neither Otlowski nor Colanear could be reached for comment. Read Paff's  full post here.