The February 15, 2011
Asbury Park Press carried the following article about litigation against Ocean County College by its faculty association.
"OCC faculty sues trustees, claims OPRA refusal is a cover-up"
The Faculty Association of Ocean County College is suing the college's board of trustees, accusing it of violating the state Open Public Records Act. Filed in Superior Court on Friday, the lawsuit stems from public statements the outgoing purchasing manager made to the board on Dec. 6, when he told the trustees that procurement procedures at OCC were not being done according to the law. Joseph Reilly, the purchasing manager, who is also a former state deputy attorney general, had gone before before the board in a last-ditch effort to plead for his job. Because of a projected $1.5 million budget deficit anticipated for fiscal year 2012, Reilly was one of 13 staffers who stand to lose their jobs on June 30 as part of a larger financial restructuring plan. On Jan. 19, Chris Berzinski, a field representative with the New Jersey Education Association, filed an OPRA request on behalf of the faculty association for copies of all memos, e-mails, letters and correspondence that Reilly wrote regarding procurement and purchasing problems at OCC. But in two letters to Berzinski dated Jan. 26 and Jan. 31, the college rejected the request on the grounds such memos under the OPRA law are considered "advisory, consultative, or deliberative material, therefore . . . exempt" from public access. "Their refusal to supply what are clearly public documents appears to be an attempt to cover up a situation that may be embarrassing, or perhaps illegal," Berzinski said. "Mr. Reilly appears to be a whistle-blower who is being punished for bringing legitimate matters to the attention of his bosses." OCC President Jon H. Larson was in Washington, D.C., on Tuesday, meeting with congressional representatives in an effort to secure federal funds for the college. He said the board investigated Reilly's Dec. 6 statements and has concluded that no law has been broken. "We know for a fact that there has been no improper purchasing and procurement practices at the college," Larson said. "Quite frankly, this falls under what I would call "the rubric of union hijinks.' " The Larson administration has been at odds with the college's three bargaining units on campus, represented by either the NJEA or the American Federation of Teachers. The college's 456 permanent employees, almost all of whom are unionized, are working without new contracts. Larson said what Reilly cited Dec. 6 as illegal purchasing and procurement procedures were in fact practices Reilly simply did not agree with from a professional standpoint. That is a bureaucratic distinction, not a legal one, he said. As for the rejection of the OPRA request, Larson said his administration has followed the law, having consulted with its legal counsel. The documents requested are privileged information under OPRA, he said. "These documents are internal memorandums that are consultative, advisory or deliberative, and they are not entitled to that information," Larson said. "We are not going to change our point of view for the union." Berzinski said if taxpayer and tuition money are being improperly used, the public has a right to know what Reilly warned his superiors and what his superiors wrote back to him.
"That right to know is even more acute for the staff and faculty who are being asked to accept the administration's claims that they are managing a fiscal crisis that calls for some employees to sacrifice their jobs," Berzinski said.
Erik Larsen: 732-557-5709; elarsen@njpressmedia.com
