2nd Ward Councilwoman Beth Mason

City must pay $10K for lawyers in lawsuit settlement

A lawsuit by Councilwoman Beth Mason seeking information about city cell phone records was settled two weeks ago after two court appearances.

Now, Mason will get to comb through a year's worth of city cell phone records from July 1, 2004 to June 30, 2005.

The agreement even includes the phone records of police officers, with the only exception being any calls placed in connection with ongoing criminal investigations.

According to the settlement, the city is not required to provide the phone numbers of the cell phones in use.

However, the city must provide the names of the cell phone users unless it offers a detailed explanation as to why they cannot. They are also allowed by law to withhold the incoming and outgoing numbers.

Judge to hospital: shine a light

07/14/2008 Hoboken Reporter

Mason wins lawsuit regarding public meeting violations

Hudson County Superior Court Judge John O'Shaughnessy ruled June 30 that the government body overseeing Hoboken's only hospital has repeatedly violated state laws about open public meetings, and that they were deficient in their response to a citizen's request for information.

The decision was in response to a lawsuit filed by 2nd Ward Councilwoman Beth Mason against the relatively new Hoboken Municipal Hospital Authority (HMHA) in 2007. Mason has filed a number of lawsuits charging that the city has failed to make certain records and meetings open to the public. Mason, who was elected to her council seat in May of 2007, had filed the suits while still a private citizen.

Councilwoman Beth Mason

Mason requests more transparency from the DCA

July 12, 2008, Hobokennow.com

2nd Ward Councilwoman Beth Mason is requesting more transparency from the state of New Jersey as they review Hoboken's budget.

Mason says the DCA is only talking about Hoboken's financial health with the mayor -- she wants the City Council in on the conversation, too.

After the jump, read a copy of a letter Mason sent to Susan Jacobucci, Director of Local Government Services for the New Jersey Department of Community Affairs, this past Thursday. Mason is basically asking the DCA to keep the City Council in the loop regarding their financial takeover of Hoboken.

Record requests that, in the opinion of the Hoboken Law Department, create a legal concern/liability for illegal dissemination of "lawfully protected information" should only be made available to City Council members who have attended a "government official" OPRA training seminar.

For several years, Hoboken Community Activist Beth Mason has been in the forefront advocating "transparency" in government.  Mason and I, along eleven Hoboken citizens, were founding members of People for Open Government, a Hoboken-based civic organization dedicated to campaign finance reform, ethics, OPRA, public access and other open government issues. 

In addition, Mason serves as the president of the New Jersey Foundation for Open Government which seeks to increase transparency, accountability, honesty and democracy in government at all levels by defending and expanding public access to government records and meetings. Mason, as a private citizen, built a reputation across the State as a leader in government reform.

POLITICAL TRANSITION:

On July 1, 2008, Mason's political status changed from "private citizen" to "government official" when she was sworn into political office representing Hoboken's Second Ward as "Councilwoman Beth Mason." With several "private citizen" initated OPRA lawsuits against the City of Hoboken still pending in the Courts, Councilwoman Mason now finds herself in the political quagmire of suing herself as a Hoboken Government Official.

Councilwoman Beth Mason may be close to settling one of her lawsuits concerning transparency in government - this time with the Hoboken Municipal Hospital Authority.

"The lawyers have worked out the basis for an agreement," said Ira Karasick, an attorney for HMHA.

Both sides stress the agreement has not been finalized and must be approved by HMHA's board of directors - by no means a sure thing. The board next meets March 26.

"The board wants to resolve the litigation," said George Crimmins, HMHA's executive director. "It's a matter of what that resolution is."

Fellow taxpaying Hoboken residents, we should all be offended by the letter from City Corporation Counsel Steve Kleinman in last week's Reporter, as well as the statements by Mayor Roberts regarding the lawsuits filed by Beth Mason over the city's noncompliance with OPRA requests.

During the "new business" portion of tonight's council meeting, Councilwoman Beth Mason read a multi-page statement in response to a letter Corporation Counsel Steven Kleinman wrote to the Hoboken Reporter two weeks ago criticizing Mason.

Beth Mason, reading her letter.  At one point she suggested Kleinman resign or barring that, that the council should hire its own attorney.  Kleinman responded that the letter was "factually accurate" and that he wrote it on his own time.

Beth Mason filed her first lawsuit against the city in March 2004. She filed her second just six months later. Then she filed another, and another, and four more after that.

Even after winning a seat on the City Council here in May 2007, Ms. Mason, 47, has continued to press her cases, leading other officials here to complain that she is a one-woman litigation machine, costing the city time and hundreds of thousands of dollars.

Ms. Mason, a management consultant, contends that the suits she filed before her election are simply intended to better understand how this city on the Hudson River is spending its $79 million budget.

Dear Editor:

As the Hoboken Corporation Counsel, I feel obligated to respond to the recent statements made by Councilwoman Elizabeth Mason regarding her lawsuits against the City. Her comments follow her most recent courtroom defeat, in which a respected appellate court found that her requests for public records were vague, inappropriate "fishing expeditions," making it impossible for the City to properly respond.

The tug-of-war between Councilwoman Beth Mason and City Hall over public access to municipal records reaches the state Supreme Court today.

A decision in the case could have broad implications for the Open Public Records Act.

The specific issues raised by Mason's suit are how long a person has to file a lawsuit if an OPRA request is not fulfilled, and whether a plaintiff should be awarded attorney's fees if requested documents are provided after a lawsuit is filed, but before a court decision is made.