Hudson County still hasn’t handed over Brennan Courthouse records after two months; after state complaints, it now promises to release them in parts

First reported by Hudson TV.

JERSEY CITY — Hudson County has not handed over public records on the William J. Brennan Courthouse heating-and-cooling project that Hudson TV requested in August and September, and Hudson TV has filed two complaints with the state Government Records Council (GRC), according to Hudson TV’s report. After the complaints, county officials told Hudson TV they would now release the records in parts.

Two requests, two months

Hudson TV’s first Open Public Records Act request, emailed Aug. 19, sought contracts, invoices and payment records for design work on the courthouse modernization, commissioner resolutions, the file for Bid No. 7963 (the heating-and-cooling plant replacement) and records on about $10 million in “Section 20 costs” in the bond ordinance. OPRA gives a custodian seven business days to respond; Hudson TV reported that deadline passed Aug. 28.

On Sept. 16, county custodian of records Christine Moro, the first assistant county counsel, produced part of the records, including the bond ordinance and the Bid 7963 tabulation, Hudson TV reported. She wrote that the bid specifications were too large to email and that the county would send a link. Moro says she sent Hudson TV a link to the records on Sept. 16. Hudson TV says it never received it.

On Sept. 21, Hudson TV filed a second request for 39 specific records, including the full Bid 7963 file, a proposed award of up to $33,693,000 to Hall Construction Co., the rebid file (Bid No. 8076) and bond Ordinance 424-8-2026, which appropriates $45,044,332. Moro acknowledged it that morning and wrote that the county was “working on a link.” No records, extension request or denial followed, according to Hudson TV. Under OPRA, no response within seven business days counts as a denial.

The complaints

Hudson TV emailed both complaints to the GRC on Oct. 13. They ask the council to find the county broke OPRA’s deadline, order the records released, review any records the county says are exempt, and decide whether the violations were “knowing and willful.” The GRC had not assigned complaint numbers as of Hudson TV’s report.

County: records will come in parts

On an on-the-record call Wednesday, Oct. 14, County Counsel Alberico De Pierro and County Executive’s office spokesman Mark Cygan told Hudson TV the county would release the documents and send everything in parts, Hudson TV reported. They also said requests should go through the county’s online OPRA portal. Hudson TV gave the county until Oct. 21 to deliver the records. The complaints remain open.

Hudson County named its first inspector general earlier this year; read more. For how the state Supreme Court views OPRA records, see this ruling.

Why it matters

The county has said the courthouse HVAC system is at the end of its useful life, and where the civil courtrooms go during the work is a public dispute, with 595 Newark Ave. backed by the county bar association and commissioners. Hudson TV reported that the Hall award was never made and the contract must be rebid.