While there are good reasons to preserve the confidentiality of private transaction agreements, there is no precedent to support the defendant`s argument that these political considerations outweigh equally strong public policy in favour of disclosure. California: A School District in Ventura agreed in January to a confidential agreement with a principal who had accused the district of being unlawfully dismissed. The bill was inspired after details of a settlement agreement between the state and the former director of the state parole board were sealed by a confidentiality provision. For free advice on settlement agreements call us on 0808139 1589 in early 2010 Teignbridge DC announced that X, along with five other members of management, would retire early voluntarily. They insisted that there would be no “golden refunds” to these employees, as their departure was due to budget cuts. Trago suspected that “misbehaviour” was the real cause of X`s release and that the Commission had covered him. Trago asked the Board for details of X`s employment, wage and transaction contract under the Freedom of Information Act 2000 (FOIA). Since the law is unclear in New Jersey and actions such as o`Shea were needed, Senator Nia Gill (D) introduced a bill in February that would explicitly guarantee that “public bodies” would not be able to enter into confidential agreements in the state to settle claims in which the company or employee of the company is involved. In a recent interview, O`Shea`s lawyer said that the school`s management contacted him in April and had tentatively agreed to release the settlement documents without a court decision, citing a recent change in attitude on the part of the teaching assistant, which would free the board from the confidentiality agreement. At the time of the interview, reimbursement of legal fees still appeared to be a sensitive issue preventing disclosure of the documents, said O`Shea`s lawyer, Donald Doherty. Some courts have rejected secret transactions, finding that transaction agreements are like private contracts and that court involvement alters the analysis.
The Seventh Circuit has decided that if a transaction agreement obtains court approval, it must also record it in the public record of a case, unless it contains trade secrets or other confidential information. For settlement documents established within an agency, it is also possible to find a completely independent basis for their protection in FOIA Exemption 2, 5 U.S.C p. 552 (b) (2), retained to protect primarily internal documents whose disclosure could circumvent laws or regulations.