CWA Local 1081
60 Park Place, Suite 501
Newark, NJ, 07102
Office (973) 623-1081
Fax: (732) 988-1081

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New Jersey Citizen Action Oil Group

March 28, 2016


Maite Gaeta, OPRA Custodian

County of Essex

465 Dr. Martin Luther King, Jr. Blvd.

Newark, NJ, 07102


Re: OPRA Request Redux

       2003 Creation of the Essex County Office of the Inspector General


Dear Ms. Gaeta:


CWA Local 1081, representing the non-supervisory employees of the Essex County Division of Welfare, respectfully submits this redux of the Open Public Records Act (OPRA) request of January 29, 2016 our Union had submitted to you that the County of Essex provide us three specific documents which your attached emailed rejoinder of February 9, 2016 maintains you either provided us or which the County does not have:


1.      Within your above cited OPRA response to our Union of February 9, 2016, you provided the attached Executive Order 03-2 of January 27, 2003 signed by Essex County Executive Joseph N. DiVincenzo, Jr. However, the Administrative Code of the County of Essex (Amended 9-7-11 by Ord. No. 0-2011-00011), 2-40 Powers of Executive stipulates, “With the advice and consent of the Board, shall appoint the County Counsel, the Administrator the Deputy County Administrators, the heads of all departments and divisions created within such departments, and the members of all County Boards including advisory boards, commissions and authorities”. Inasmuch as the Essex County Board of Chosen Freeholders apparently neither advised nor consented to Mr. DiVincenzo’s abovementioned Executive Order 03-2 of January 27, 2003, Mr. Scaglione, whose actual formally memorialized title is reportedly that of “Confidential Assistant”, seemingly should not have been allowed to have served within the capacity of Inspector General for the past thirteen (13) years.

2.      Similarly, within your above cited OPRA response to our Union of February 9, 2016 you assert “that the County does not have any documents responsive to subsections 2 and 3”of our request, wherein our Union had sought within number two “A copy of the Ordinance, or Resolution, approved by the Essex County Board of Chosen Freeholders approving the creation of the Office of the Inspector General”. Inasmuch as that document purportedly does not exist, that appears to mean that Mr. Dominick Scaglione’s reported actual formally memorialized title of “Confidential Assistant” renders him without the titular authority to administer and/or conduct any investigations for the Administration of Essex County Executive Joseph DiVincenzo or any of Mr. DiVincenzo’s applicable titular subordinates whom have sought, and/or shall seek, Mr. Scaglione’s services as an Inspector General. Additionally, according to the attached New Jersey Civil Service Commission Job Specification 99983 for the title of Inspector General, “Licensure or Certification”, the title of Inspector General requires “Possession of a valid license to practice as an Attorney at Law or a certificate as a Certified Public Accountant”, neither of which CWA Local 1081 is aware Mr. Scaglione possesses.

3.      While CWA Local 1081 had requested a copy of the transcript of the meeting of the applicable committee of the Essex County Board of Chosen Freeholders wherein the creation of the Office of Inspector General was discussed, which included the Inspector General’s actual title and to whom he/she was to report, our Union at one time actually possessed the transcript of that meeting. We therefore request you make a specific inquiry to the Clerk of the Board of Chosen Freeholders to obtain that tome so that you may provide it to our Union.


As is always the case, CWA Local 1081 earnestly desires to eschew seeking any further legal recourse to the County’s denial of the documents we have been seeking within the abovementioned regards.


CWA Local 1081 thanks you, in advance, for your anticipated expeditious cooperation with this most sincere supplication.


Yours truly,



David H. Weiner, President