January 18, 2011
Hon. Joseph N. DiVincenzo, Jr.
Essex County Executive
Hall of Records, Room 405
465 Dr. Martin Luther King, Jr. Blvd.
Newark, NJ, 07102
Re: OPRA Request
Resolution #3
Education and Health Centers of America, Inc.
Dear Mr. DiVincenzo:
CWA Local 1081 respectfully submits the attached OPRA (Open Public Records Act) request that our Union is provided copy of the following documents within the possession of the County of Essex regarding Resolution #3 of the agenda of the January 12, 2011 public meeting of the Essex County Board of Chosen Freeholders. That meeting was adjourned due to then imminent inclement weather in the guise of a snowstorm. Resolution #3, apparently scheduled to be considered by the Essex County Board of Chosen Freeholders at their public meeting of January 20, 2011, proposes the County pay the non-profit Education and Health Centers of America, Inc. twenty million dollars ($20,604,000) for a second and final year option for that company to provide alternative incarceration/residential treatment for County inmates:
- A copy of the original resolution passed by the Essex County Board of Chosen Freeholders which initially authorized the use of competitive contracting for the services provided by Education and Health Centers of America, Inc. in its current contract and the proposed contract extension.
- A copy of the accreditation certificate from the American Correctional Association for Delaney Hall.
Our Union notes that New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 Et Sec. requires the following:
40A:11-4.3. Competitive contracting process;
resolution, administration
a. In order to initiate competitive contracting, the governing body shall pass a resolution authorizing the use of competitive contracting each time specialized goods or services enumerated in section 1 of P.L.1999, c.440 (C.40A:11-4.1) are desired to be contracted. If the desired goods or services have previously been contracted for using the competitive contracting process then the original resolution of the governing body shall suffice.
Our Union notes as well the ostensibly unique arrangement whereby Education and Health Centers of America, Inc., whose founder and President is John J. Clancy, subcontracts with the for-profit Community Education Centers, Inc., whose founder, CEO and Chairman of the Board is John J. Clancy, for the latter to operate Delaney Hall. Both Community Education Centers and Education and Health Centers of America, Inc. have shared the same principal business address of 75 Livingston Avenue, Roseland, New Jersey.
CWA Local 1081 thanks you, in advance, for your anticipated expeditious cooperation with this sincere supplication.
Sincerely,
David H. Weiner, President
CWA Local 1081