West Milford For decades, advocates of open government have been working to pass and improve sunshine laws. The basic idea being that a government by the people and for the people ought to let the people in on what it is doing. Up until recently, West Milford was home to open government activist Martin O’Shea, who has driven more than a few people to distraction with his constant requests for records and the subsequent lawsuits, in some cases of which he was refused information. His job, as he sees it, is to make sure folks who are supposed to be working for the taxpayers are doing the right thing, especially when it comes to spending millions of property owners’ dollars. Some people, particularly those who have come under his scrutiny, see him more as a thorn than a crusader, and blame him for wasting tax money by causing the township and the school district undue financial hardship defending themselves. According to his detractors, O’Shea has cost the township and district a combined $80,000. Regardless of whether you love him or hate him, O’Shea’s quest for transparent government brings up an interesting question. Where should the line be drawn between the public’s right to know and people’s privacy? One case in point involves Captain David Hardin of the West Milford Township Police. Earlier this month, the township council adopted a resolution to pay for a hearing officer for disciplinary action against Hardin. O’Shea requested documents concerning the disciplinary action. Township Clerk Antoinette Battaglia, who handles such requests, sought the council of Township Attorney Fred Semrau as to what of the documents would fall under the Open Public Records Act. According to Battaglia, Semrau, in turn, sought a legal opinion from the township labor council. To the right are examples of the pages O’Shea received, which are so heavily redacted as to have virtually no information at all on them. Battaglia said the decision was based on the fact that the hearing is a personnel matter and therefore not subject to open record laws. “We are compelled to follow the law,” she said. “It is a constant balance.” O’Shea said people should know why the captain is being disciplined. “The public has a right to know about the possible misconduct of a police officer. They are public servants ... and they carry guns.” In addition, Hardin is named in a lawsuit by one of his fellow officers in which he is charged with inappropriate behavior. So this begs the question: should the people who pay his salary the taxpayers be privy to problems he may be having or causing in his job? The school district has also come under O’Shea’s fire. He is currently seeking information on a lawsuit that a former district employee had against the district which alleged serious misconduct on the part of a teacher. The suit has been settled and it is details about the settlement that O’Shea is looking for. According to O’Shea, the district and its attorney have been giving him the runaround for more than a year. It is no secret that some members of the board of education are tired and frustrated with O’Shea’s open record requests. During the last meeting, Board Member Wayne Gottlieb suggested that they begin posting the Open Public Records Act requests they receive on the district Web site. O’Shea is not opposed to that idea. “I think they should ... I’m doing this because I fervently believe in the public’s right to know.” But there is some irony here. Although the district is considering publicly posting requests for information, it currently does not post its own meeting minutes, which can only be obtained by a formal request.