--------- Original Message ----------
From: curioni
To: James Sekelsky <james.sekelsky@lodi.k12.nj.us>,
rosalia.mykietyn@lodi.k12.nj.us
Cc: natalie.delgado@lodi.k12.nj.us, nancy.cardone@lodi.k12.nj.us,
sharon.salvacion@lodi.k12.nj.us, kerry.mastrofilipo@lodi.k12.nj.us,
joseph.ramos@lodi.k12.nj.us, donald.scorzetti@lodi.k12.nj.us,
jeffrey.telep@lodi.k12.nj.us, laura.cima@lodi.k12.nj.us, jocelyn.anderson@lodi.k12.nj.us,
douglas.petty@lodi.k12.nj.us
Date: November 29, 2020 at 1:17 PM
Subject: OPRA Request
Attached is my OPRA request. Legal invoices are not exempt under OPRA. After I began drawing attention to problems with Giacobbe's bills, the firm began redacting its invoices to the extent that they are unreadable (basically making the claim that all invoices are exempt). It is is in Giacobbe's self-interest to conceal all of its billing from the public. However, it is against the public's interest and it is in clear violation of the Open Public Records Act. The district is now redacting items from the invoices that have always been made available to Lodi in the past. I have secured legal invoices made available to the public that had been requested via OPRA from other school districts. None are redacted to the extent that Lodi is now allowing Giacobbe to redact. In fact, firms representing New Jersey school districts are drawing up their invoices with the anticipation that they may be requested via OPRA. It is even more concerning that Giacobbe is making its legal invoices unreadable at a time when it is going well over budget.
The public has recently been made aware that Marc Wenzcel is representing board trustee Sharon Salvacion in an ethics case. This arrangement is different from Lodi's past practices in which the board went through its insurance provider and had a $5,000 deductible. The public has the right to see how much the Lodi taxpayers are paying to have Mark Wenzcel represent Sharon Salvacion. The public also has a right to see what other board members have been contacting Giacobbe, running up bills, and what reasons are given.
When a firm is paid with public funds, there are limits on what they can conceal from the public. Everything on legal invoices cannot be claimed exempt in the name of attorney-client privilege.
It is in Giacobbe's self-interest to invite an OPRA attorney to sue Lodi for withholding public records from the public because that would give Giacobbe another opportunity to drive up legal costs on the Lodi taxpayers. The superintendent, business administrator, and board members should keep that in mind.
Ryan Curioni
