Well, actually you did miss one nugget of entertainment. Have you ever seen them dance?
Posted on 08/03/2007 6:36:32 AM PDT by Calpernia
We've all heard of, 'one-sided,' negotiations, but Governor Jon Corzine's case to keep e-mails between he and ex-girlfriend and state worker union leader Carla Katz private may actually hinge on that premise. Corzine says because he never responded to e-mails sent by Katz seeking to discuss recent state worker contract talks, he never actively negotiated with her away from the bargaining table.
Corzine has consistently said e-mails between he and Katz should be kept private because they are personal exchanges with his ex-girlfriend. He has adamantly and consistently denied to messages had anything to do with the recently completed public employee contract talks. In late March he said emphatically, "Bargaining was done at the bargaining table pure and simple, end of conversation!"
Did Corzine and Katz discuss the 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.
Mercer County Superior Court Judge Paul Innes is scheduled to hear a defense motion to dismiss the case today. The hearing is set for 2:30pm.
"The people have a right to know whether or not Carla Katz and Jon Corzine engaged in any off-line communications about the contract," says Wilson, "and the only way for people to know for certain is for Jon Corzine to release those e-mails." He adds, "Whether or not Carla Katz agrees with it, opposes it or supports it, he (Corzine) can release those e-mails and he ought to do it immediately."
Katz's attorney Sid Lehmann says, "We are asking the court to recognize that the New Jersey Constitution protects both individuals' right to privacy and the collective negotiation process……the OPRA (Open Public Records Act) statute protects both of those categories from disclosure."
In a legal brief filed Wednesday, Lehmann argues that New Jersey open public records law deems as private personal matters and collective bargaining discussions. Lehmann says in the e-mails, "She (Katz) said the negotiations were dragging on too much or advocated a position that was important to Local 1034, those are collective negotiations…..those are collective negotiations whether those items make into the collective negotiations agreement or not." When asked if that definitely means collective negotiations are included in the e-mails, Lehmann says, "Yes. It is important to recognize that collective negotiations take many forms particularly when you're dealing with public entities."
Lehmann says that it's common for union officials to deal directly with an employer, as Katz did with Corzine through e-mails. He explains in his brief, "That does not mean that those communications are not collective negotiations…..to the contrary, they are part of collective negotiations; and frequently result in agreements."
Corzine's Ethics Advisory Panel reviewed the e-mails earlier this year and decided the e-mails neither influenced union negotiations nor violated ethics rules, but Lehmann's brief states clearly, "It is an axiomatic principle of collective negotiations that meetings and discussions which do not result in an agreement are no less part of the collective negotiations process than are meetings and discussions that do result in an agreement."
Yesterday when Corzine was asked to respond to the assertions in Lehmann's brief, he responded, "I, I don't, I don't have any, anything to add to what I've said before." But he did add, "Communication isn't an exchange and it certainly isn't bargaining done at a bargaining table….exchange would have to occur for that to be serious negotiations." Corzine is arguing that because he didn't respond, the e-mails can't be considered bargaining.
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.
In a response to the lawsuit Corzine argues that e-mails he exchanged with Katz during recent state worker contract talks are private under state law. Assistant Attorney General Patrick DeAlmeida, who is representing Corzine, is also asking Judge Innes to dismiss the lawsuit. Earlier this week,
In Wilson's response to Corzine's initial response, four principles were set forth. 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."
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."
Last 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."
The Administration has denied a Millennium Radio News OPRA request seeking access to the e-mails. Other media outlets have been denied as well.
ping
I wonder if his intellectual valet can supply any information.
No one has ever mentioned how anyone found out about the emails in the first place. I’m curious as to how anyone found out they emailed each other.
I believe a FOIA request by a reporter into union communications with the governor’s office over the contracts revealed that there were emails sent from her work computer to the governor.
Well, actually you did miss one nugget of entertainment. Have you ever seen them dance?
Sweet fancy Moses!
I don’t know. The last sentence says this:
>>>The Administration has denied a Millennium Radio News OPRA request seeking access to the e-mails. Other media outlets have been denied as well.<<<
And it also says above that he used a private server.
Did you ever hear Dennis Malloy from NJ 101.5 speculate that Carla Katz is a man?
I haven't heard that. I used to put Jim Gearhart's show on when Comcast broadcast it on TV but they stopped doing that. Sometimes I'll catch the Dennis & Judi show while driving and they totally crack me up. Their show should be required listening for anyone who wants to vote in New Jersey.
I found a few interesting searches that suggests there may be reason for the speculation. Makes me curious.
The request did not give access to the actual emails or the governor's response to them: that is what this lawsuit is about, the argument that the content should be disclosed.
bump
she looks like one of tony soprano’s girlfriends
tony was always going somewhere he shouldn’t
Oh, Dennis & Judi - I miss them almost as much as I miss the occasional (ok weekly) Italian hoagie from WaWa....
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