Breaking a nondisclosure agreement from Todd Rokita's office could cost employees $25,000

[Muda69]

https://www.indystar.com/story/news/politics/2023/07/19/todd-rokita-indiana-attorney-general-nda-nondisclosure-agreement-might-threaten-free-speech/69990880007/

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Indiana Attorney General Todd Rokita’s employees are signing nondisclosure agreements that could cost them $25,000 if they share personal information about the AG — an unusual policy for state office and one that sets him apart from almost all other attorneys general in the country.

The contract, which IndyStar obtained through a public records request, gives Rokita and his staff the power to decide what information counts as confidential. It covers “personal or private information” about the attorney general, his employees and their families.

State offices here and dozens of other states' attorney general offices told IndyStar they don't have their employees sign contracts like this. Rokita's office stands by it, however, and says its employees "understand this requirement" before they agree to work there.

The contract doesn't prevent employees from reporting unlawful behavior to state or federal authorities. But multiple experts who reviewed a copy said it raises concerns about constraints on free speech as well as the public’s right to know what goes on in the offices of elected officials.  

"The (NDA's) definition of 'confidential information' seems designed to shield public officials from scrutiny," contract law expert Michael Mattioli told IndyStar. "And that's an essential part of living in a well-functioning democracy."

IndyStar requested an interview with Rokita in February to ask why he was using NDAs. It was never granted.

 

After IndyStar sent multiple follow-up emails detailing the findings of its investigation, an office spokesperson responded with a statement July 7.

In it, they described the Indiana Attorney General's Office as a "professional law firm."

"For any professional or executive, signing an NDA is a conventional office practice that has worked well to protect clients and employees alike," the spokesperson said. "This practice has done nothing to prevent our team from working together to protect the rights and liberty of the people we serve."

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State and federal laws already protect confidential information received by public employees in Indiana. That includes such information as trade secrets, patient medical records and crime records for juveniles.  

Those who reveal confidential information face a Class A infraction — a civil penalty that carries a judgment of up to $10,000.  

That’s why Indiana Public Access Counselor Luke Britt, the state’s public records custodian, usually tells state offices that NDAs aren’t necessary.   

“I’ve always considered the language of the law strong enough," Britt said over email, "to protect disclosure of sensitive information.”   

But, he added, “so long as it doesn’t shield (the) release of otherwise disclosable documents, it’s not inherently problematic from a public access standpoint.” He declined to comment on Rokita's NDA.

Britt’s office doesn’t have its employees sign NDAs. Nor do the seven other state offices that responded to IndyStar's questions — including the Indiana Supreme Court, which, like Rokita’s office, deals with sensitive and confidential legal matters.   

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Looks like yet another power/ego trip by Mr. Rokita.