Desomma erased the $46 audio CD, destroying a public record.

Two months later, Desomma calls it an “operational malfunction of the cassette tape/machine”.  Everyone else calls it the purposeful destruction of a public record.  On the CD, a meeting starts, then it’s all blank, then there is a roll call to adjourn. 

Background:  Immediately following the November 19, 2015 Lodi Housing Authority meeting, someone in attendance reported that she questioned the high price tag placed on Tommy Desomma’s “unused sick days”.  Desomma supposedly lashed out at the woman and said, “The Curionis are thieves, not us.” 

I never attended a Lodi Housing Authority meeting.  I was aware that Tony Luna and Joe Capizzi wanted Tommy Desomma to attack me because they use him to fight their battles.  I did not take offense of the insult because we are not thieves.  People can look at who the insult came from.  People can look at his past.

However, I did request the audio of that public meeting.  I wanted the public to hear Desomma and Cody embarrassing themselves.  Sick day payouts are a touchy subject for many at the LHA.  Chairman Cody robbed 90 sick days from the Lodi taxpayers when he retired from the BOE.

From day one, Desomma and his crew did everything possible to discourage me from obtaining the CD or cassette (as you can see from my previous posts).

Today, I received the deleted CD in the mail along with the following letter:

Some questions for Tommy Desomma:

1)  An OPRA request is supposed to be fulfilled within 7 business days.  Why didn’t you mention any “malfunction” within those first seven business days?  I am sure you all listened to the tape after I requested it. 

2)  You emailed me that I can schedule to listen to the tape in the presence of your Attorney.  What would I have listened to in his presence if the there was a “malfunction”?

3)  Your Attorney emailed me on Christmas Eve.  I will post that email below.  Why didn’t he state that there was a "malfunction" then?

4)  You pretended that you needed my $25 deposit so badly.  But when I submitted my deposit, you never cashed my check.  Why did you hold onto my check for weeks without cashing it?

Christmas Eve Email:

Subject: Lodi Housing Authority OPRA Request
Date: 12/24/15 10:58:39 AM
From: "Conrad Olear" <cmo@strasserlaw.com>
To: "rcurioni@optonline.net" <rcurioni@optonline.net>
Cc: "Thomas DeSomma" <thomasd@lodihousing.org>

Dear Mr. Curioni – please be advised that the undersigned is General Counsel to the Lodi Housing Authority.  I have reviewed the correspondence from you and the response correspondence from the Housing Authority related to your request for a copy of the meeting tape recording.  As previously advised the actual cost to reproduce the cassette tape is $45.95.  In accord with New Jersey’s Open Public Records Act, the Housing Authority shall charge the actual cost, which has been quoted to you.  The Housing Authority contacted three (3) separate vendors.  Only one of the vendors can copy cassette’s and we have provided you with the actual cost quoted.  The Open Public Records Act does not require that the Housing Authority contact countless numbers of vendors until you are satisfied with the cost.  As such, and as previously advised, until the deposit is received, Lodi Housing Authority shall consider your request withdrawn.  Should you have any further questions regarding this issue, please direct all future correspondence to myself at cmo@strasserlaw.com.  Should you have any questions regarding the above, please feel free to contact me at your convenience.  Thank you.  

Conrad M. Olear, Esq.

Strasser & Associates, P.C.

7 East Ridgewood Ave.

Paramus, New Jersey  07652

Phone:  201.445.9001

Fax:  201.445.1188

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