New Jersey’s comptroller found more than half of school districts and upward of a quarter of municipalities failed to properly submit union contracts to state authorities, violating transparency laws.
A 1968 law requires public employers to file union contracts with the New Jersey Public Employment Relations Commission, though compliance has dwindled in recent years. A release from the comptroller’s office stated that 97 percent of municipalities and more than 80 percent of school districts filed union contracts in 2010.
The comptroller’s office said PERC has failed to send notices to noncompliant jurisdictions and that local governments have “limited awareness” of the requirement.
“Currently, PERC’s passive approach enables public employers to avoid compliance with a state law that promotes transparency and provides information that is useful for both unions and government entities involved in labor negotiations,” the comptroller report reads.
The comptroller’s office said the drop in compliance and lack of action to address the failure shows the need for an enforcement mechanism and suggested PERC use its rulemaking authority to create an enforcement mechanism.
“The posting of union contracts on PERC’s website is an important tool for New Jersey residents, unions, and the government,” Acting State Comptroller Kevin Walsh said in a release. “By law, taxpayers are supposed to have immediate access to this information. PERC’s website provides a free way for local governments to meet their transparency obligations. It is disappointing and surprising that more of them are not complying with the law.”
The comptroller’s review found that 69 school districts and 12 municipalities haven’t filed union contracts since at least 2010. The report goes through the end of 2021.