Posted on 07/26/2007 6:42:05 AM PDT by Calpernia
Did Governor Jon Corzine and ex-girlfriend, union leader Carla Katz discuss te recently completed public employee contract away from the bargaining table and did that impact the final deal? Republican State Committee chairman Tom Wilson is suing to find out. The GOP wants Corzine to turn over e-mails he exchanged with Katz during the contract talks.
Katz argues that the court should consider her rights as a private citizen and the rights of her union, Communications Workers of America Local 1034, as a private organization in deciding whether the e-mails will be made public. A hearing is set for today on Katz's arguments that her e-mails should remain private. Katz is seeking to intervene in the case and join the defense.
Katz's attorney, Sid Lehmann says, "The question that the judge will have to decide is; 'Does Ms. Katz and the CWA Local 1034 have an interest?' and we think we do have an interest." He argues that e-mails between a union leader and a Governor are not subject to the State's Open Public Records Act, "It would be almost as if, by analogy, if somebody said, 'I want a communication between this person and his or her doctor.'" Lehmann adds, "When someone communicates with a government official on a purely personal basis, that person has a complete expectation of privacy."
In a response to the lawsuit filed by Republican State Committee chairman Tom Wilson, Governor Jon Corzine argues that e-mails he exchanged with union boss and ex-girlfriend Carla Katz during recent state worker contract talks are private under state law. Assistant Attorney General Patrick DeAlmeida, who is representing Corzine, is asking Mercer County Superior Court Judge Paul Innes to dismiss the lawsuit. Earlier this week, Wilson filed his response to Corzine's response.
Four principles are set forth in the GOP response. The Governor's claim of executive privilege doesn't apply in this case, the Governor has already waived his right to assert executive privilege, the public has a right to the e-mails and the Governor's office has admitted it did not search its private e-mail server.
The Republican legal response claims, "Executive privilege applies when a there is a public interest in secrecy necessary to allow the Governor to properly perform his job, such as the need for secrecy when doing background check on judicial candidates. Those concerns are not present in this matter……the Governor's decision to appoint an 'independent' body of private citizens to review his actions means he waived his right to confidentiality as to matters he asks them to consider…….the public must be permitted to draw its own conclusions regarding the Governor's actions……. William Brown, the custodian of government records for the Governor's Office admitted that he did not search the www.votecorzine.org server as required by statute to determine if there were government records on that server that had to be turned over."
Wilson is suing asking that the e-mails made public to see if the relationship between Corzine and Katz, president of the largest union of state workers, tainted contract negotiations. "In his Inauguration the Governor demanded that we hold him accountable," says Wilson, "all I'm asking here is for him to be accountable."
When asked several weeks ago if he discussed the negotiations with Katz in the e-mails, an angry Corzine responded, "Bargaining was done at the bargaining table pure and simple, end of conversation!" It seems that is not the end of the conversation. On June 11, the Governor said, "I don't think it would be inappropriate if you were carving out negotiations in those private e-mails."
Why would the Governor choose to use a private server? Corzine responds, "It's simple, if you're talking politics on a State e-mail you're actually, potentially having a criminal violation." He adds, "Governors have a political reality as well as a public reality. We consider that the highest priority is to not mix politics."
Corzine says he's stopped using his State e-mail following the Republican suit. He explains, "We'll go back to, you know, the 1920s and have direct conversations with people and it'll slow processes down, but I have nothing to be embarrassed about."
Earlier this month, Wilson filed an Open Public Records Act request with the Governor asking for answers to the following questions…….
1. Where is the Governor's private email server physically located? What is the source of funds used to maintain and operate the server? 2. Which administration officials and staff members have email addresses through that server? 3. How do those individuals actually access the emails sent or received by them? Are those emails forwarded to their government issued computers, blackberries or other such devices? Have those individuals been issued non-government computers, blackberries or similar devices? 4. Who is responsible for determining who is provided a non-public email address using the Governor's server? 5. Who is responsible for determining which emails are appropriately created or received on the public vs. private email server? 6. What steps are taken to preserve all of the emails sent or received through the private server? For how long are those records retained? 7. What policies and procedures have been developed to ensure that emails, documents or communications created or transmitted using the private email server are maintained and retained when those documents or communications relate to state business? What steps are taken to ensure that those individuals with access to the email server are aware of and are compliant with the policies and procedures?
"I'm just trying to make sure that the Governor is complying with the laws of the State and not using this (private e-mail server) as a back-door way to conduct the public's business and skirt the Open Public Records Act," says Wilson.
Lehmann says, "Mr. Wilson is doing this for whatever personal reasons he has, I assume to sort of embarrass the Governor or keep the story in the limelight."
A Corzine spokesperson said, "We are already on one fishing expedition with Tom Wilson and now he wants to drag us into another wilderness adventure…we went out of our way to ensure that taxpayers were not funding anything that could remotely be construed as political."
The Governor has repeatedly said state open records laws make the e-mails private and protected by executive privilege. He insists he didn't discuss state business. His Ethics Advisory Panel has agreed. The panel determined earlier this year that the e-mails neither influenced negotiations nor violated ethics rules.
The Administration has denied a Millennium Radio News OPRA request seeking access to the e-mails. Other media outlets have been denied as well. The first hearing on the case itself is still scheduled for August 3rd.
ping
I wonder if he was having “Prince Charles” moments in them...
Or maybe playing doctor?
Considering Corzine has a Silver Membership Level in the Victory Funds....I would consider that an innuendo.
LOL!
http://www.nj1015.com/absolutenm/templates/?a=7407&z=3
Lawyers to Argue Whether Corzine E-Mails Can Be Made Public
Monday, July 30, 2007
More legal wrangling involving Republican efforts to make public e-mails that Governor Corzine exchanged a state worker union leader who he once dated.
A state judge will hold a hearing Friday on Corzine’s motion to dismiss the lawsuit filed by state G-O-P Chairman Tom Wilson.
Wilson says he wants to see whether the relationship between Corzine and Carla Katz tainted recent state worker contract talks.
The resulting contract increased salaries but cut health and pension benefits for state workers. Katz, president of Communications Workers of American Local 1034, opposed the deal.
Corzine’s administration contends the e-mails — sent through both public and private e-mail accounts — can remain private under open public records laws and executive privileges.
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