STATEMENT FROM THE GOVERNOR’S COUNSEL REGARDING EXECUTIVE ELECTRONIC COMMUNICATIONS 

TRENTON - Ed McBride, General Counsel for Governor Jon S. Corzine, today
issued the following statement regarding a recent court decision on the release of executive e-mail communications:

"This case has never been about hiding anything - the Governor has nothing to hide. In fact, the Governor has given emails to the Governor's Advisory Ethics Panel and to the court for their review, and today the court confirmed the Panel's conclusion that all labor negotiations took place at the bargaining table and not through email communications.

"The court's ruling also confirms that executive privilege is firmly established in New Jersey law. But the court has come up with an unprecedented, narrow view of the privilege that ignores an important constitutional principle which for over 200 years has been a central feature of the separation of powers arrangement of our federal and state constitutions.

"The Governor has a constitutional obligation, duty, and privilege to communicate freely - and privately, if he or she chooses - with people inside and outside of government, including those who may be viewed as adversaries, in furtherance of the state's business. If this principle is not protected, then the ability of government to operate effectively for the benefit of the people of this state will be compromised now and in the future.

"Even though the court today vindicated the Governor's position regarding the integrity of the bargaining process, the Governor intends to follow the advice of the Attorney General that the only way to protect the ability of government to operate effectively for the benefit of the people of this state is to appeal the court's ruling."

Following the announcement of the contract negotiated between the Corzine Administration and public employee bargaining groups, the Governor received bipartisan praise among legislators for producing a tough but fair contract, even while union representatives protested the terms. Reports of some of those comments include:

Assembly Speaker Joseph Roberts, Philadelphia Inquirer, Feb. 27, 2007

"This is substantial and unprecedented. These are the most significant changes in these kinds of issues that I've seen since I've been in the Legislature. This is huge." Asked whether the agreement provides the same savings that the Legislature could have achieved through legislation, Roberts said: "It will provide tens of millions of dollars immediately, and billions of dollars over the next decade."

Roberts, Star-Ledger, Feb. 23, 2007 

Roberts said the deal Corzine negotiated was as good as it was going to get, with regards to pension and benefit reforms. "I'm not sure we (lawmakers) could have done more," he said.

Sen. Nicholas Scutari (D-Union), led a legislative committee on benefit reforms, Star-Ledger, Feb. 22, 2007

"The governor's deal is a significant step in the right direction," said Scutari, who had balked at the idea of allowing the governor to negotiate the reforms rather than legislating them. "There's much more work that needs to be done, but there are a lot of good things in that contract."

Scutari, Gannett, Feb. 22, 2007

"It represents a significant step in the right direction for New Jersey."

Senate President Richard Codey, Star Ledger, Feb. 23, 2007

But Codey, who hasn't sided with the governor on every issue, conceded that Corzine deserved credit for what he's managed to get done, especially with the union contract. "It's not everything he said he wanted, but on balance, he did a very good job."

Sen. Kevin O'Toole (R-Essex), Star-Ledger, Feb. 23, 2007

"A lot of people thought he lacked the will or the backbone to get it done. For a governor to ask for givebacks, in the Trenton world, that's earth-shattering. That's breaking the sound barrier with a bicycle."

Assemblyman Joseph Cryan (D-Union), chairman of the state Democratic party, Star-Ledger, Feb. 23, 2007

"He may have earned his financial credentials on Wall Street, but he's earning his leadership credentials on State Street."

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Photos from Governor Corzine's public events are available in the Governor's Newsroom section on the State of New Jersey web page.