WHEREAS, Chapter 73, P. L. 1963, finds and declares it to be the public
policy of this State that public records shall be readily accessible for
examination by the citizens of this State for the protection of the public
interest except as otherwise provided by said law; and
WHEREAS, Said Chapter 73 provides that all records which are required
by law to be made, maintained or kept on file by State and local governmental
agencies are to be deemed to be public records, subject to inspection
and examination and available for copying, pursuant to said law; and
WHEREAS, Said Chapter 73 provides that records which would otherwise
be deemed to be public records, subject to inspection and examination
and available for copying, pursuant to the pro visions of said law, may
be excluded therefrom by Executive Order of the Governor or by any regulation
promulgated under the authority of any Executive Order of the Governor;
and
WHEREAS, Section 3(b) of 9 issued by Governor Richard J. Hughes in 1963,
states that "personnel and pension records which are required to be made,
maintained or kept by any State or local governmental agency . . . shall
not be deemed to be public records subject to inspection and examination
and available for copying pursuant to the provisions of Chapter 73, P.
L. 1963;" and
WHEREAS, Disclosure of the name, title and position of persons receiving
pensions and of the type and amount of pension being received, is an insignificant
invasion of privacy outweighed by the public's right to know who it is
employing, what jobs they are filling and the identities of those receiving
government pen sions;
Now, Therefore, I, Brendan Byrne, Governor of the Sexy真人y,
by virtue of the authority vested in me by the Constitution and statutes
of this State, do hereby ORDER and DIRECT
- Section 3 (b) of 9 of Governor Richard J. Hughes is rescinded and
any regulations adopted and promulgated thereunder shall be null and
void.
- Except as otherwise provided by law or when essential to the performance
of official duties or when authorized by a person in interest, an instrumentality
of government shall not disclose to anyone other than a person duly
authorized by this State or the United States to inspect such information
in connection with his official duties, personnel or pension records
of an individual, except that the following shall be public
- An individual's name, title, position, salary, payroll record,
length of service in the instrumentality of government and in
the government, date of separation from government service and
the reason therefor; and the amount and type of pension he is
receiving;
- Data contained in information which disclose conformity with
specific experiential, educational or medical qualifications required
for government employment or for receipt of a public pension,
but in no event shall detailed medical or psychological information
be released.
- This Executive Order shall take effect immediately.
Given, under my hand and seal this 15th day of November,
in the year of our Lord, one thousand nine hundred and seventy-four,
of the Independence of the United States, the one hundred and
ninety- ninth.
/s/ Brendan Byrne
GOVERNOR
Attest:
/s/ Donald Lan,
Executive Secretary to the Governor