OPRA request reveals freeholder’s son is involved in county criminal investigation, the county won’t release the records

By Tina Renna | April 13, 2012

FOR IMMEDIATE RELEASE:
Contact:
Walter M. Luers, Esq.
23 West Main Street
Clinton, New Jersey 08809
Telephone: 908.894.5656
wluers@luerslaw.com

UNION COUNTY- The Union County Watchdog Association (UCWA) has filed a law suit in Union County Superior Court seeking access to investigatory records involving a former Union County employee, Patrick Scanlon, Jr., who is the son of freeholder Deborah Scanlon.

On March 30, 2012 Tina Renna requested copies of all investigations, including Union County police, sheriff and prosecutor into the matter involving former county employee Patrick Scanlon, Jr. The request was made pursuant to the Open Public Records act and the common law right of access.

By law the county has up to 7 business days to respond to OPRA requests starting with the day after the request was made. The county responded on the 6th day allowable by law (11 days after Renna requested the documents).

On April 10, 2012, the county responded to the request, stating in part: Please be advised that these documents are on file with the County Police; however, they are criminal investigatory records that are not subject to disclosure under the OPRA.

It took Renna and her attorney Walter Luers only two days to file a lawsuit seeking access.

The complaint charges the investigation of Scanlon, Jr. concerned allegations that he allegedly sold County property for personal gain. We believe the County’s investigation against Scanlon, Jr. has been closed without formal charges being filed.

The public has a strong interest in learning the details of the County’s investigation to determine whether nepotism or favoritism played any role in the investigation of Scanlon, Jr. The public’s interest in acquiring the documents outweigh any interest in continued secrecy that the County may have.

The UCWA is demanding the disclosure of the investigatory files maintained by the County Police on Patrick Scanlon, Jr., and award of costs of the lawsuit and reasonable attorneys’ fees.

Background statement prepared by Tina Renna:

The Star-Ledger reported on March 1, 2012 that Freeholder Scanlon announced she would be stepping down at the end of the year to make more time for her family. According to public records, Mr. Scanlon was hired by Union County as a laborer ( $33521) in August 2011. Mr. Scanlon left the county payroll sometime in January 2012. Public records show that a Patrick Scanlon was convicted of Theft by Unlawful Taking on January 25, 2010 and sentenced to 6 months in jail and 5 years probation by Union County Superior Court Judge Joseph P. Donohue.

Judge Donohue is the brother in law of Union County Undersheriff/ Assemblyman/Union Township Democratic Municipal Chairman/former State Democratic Chairman Joseph Cryan.  Donohue began his judicial career in the Essex County Sheriff’s office under then Sheriff John Cryan, Joseph’s Cryan’s father, and Undersheriff Patrick Scanlon, Mr. Scanlon’s grandfather.

Joseph Cryan swore freeholder Deborah Scanlon in as freeholder commencing each of her terms in 2011,  2007, 2004 and 2000.

The public has a strong interest in learning the details of the County’s investigation to determine whether nepotism or favoritism played any role in the investigation of Scanlon, Jr. This is on the heels of the Musicfest investigation which was undertaken by the Union County Prosecutgor only after citizens refused to let the obvious malfeasance of 2010 Musicfest be covered up.

The UCWA put countless hours into following the Musicfest dollars year after year, the county’s numbers never added up. I was very vocal in my disapproval that the Union County Prosecutor was allowed to investigate the county and former manager, George Devanney who is Senator Raymond Lesniak’s nephew. I do not believe government should be allowed to police itself and the public needs to be vigilant to ensure justice is meted out equally to all citizens.

County employees have been held accountable for much less over the years, Musicfest and the way this Scanlon investigation appears to be playing out is in sharp contrast to how the rank and file, un-connected employees have been treated by Union County government for alleged theft through the years.

The prosecutor’s investigation into Musicfest subsequently found no evidence of criminal wrongdoing but discovered numerous shoddy accounting practices and handshake-style deal making with contractors, according to a letter made public by the Prosecutor in August 2011. Cash was unaccounted for, the county misplaced money and contractors were overpaid by tens of thousands of dollars.

In one example, the prosecutor’s office found more than $15,000 in cash revenues stored in a county safe months after Musicfest, apparently forgotten by employees including the county manager and the then finance director. The Prosecutor’s report mentions that the county manager handled the cash collected from the “Beer Garden”. “The LHS “Beer Garden” generated a significant amount of cash through the sale of alcoholic beverages. This money was collected by County employees. The money was then ultimately transported to the Union County Administration Building where it was placed in a safe at the Union County Finance Department. The total amount placed in the safe was $37,507 (The prosecutor reported, although there were no receipts to back up this amount.) This money was then deposited in the Union County Chapter of LHS’s bank account. These deposits were made incrementally by George Devanney. When questioned as to the reason behind this method of deposit, Devanney informed our investigator that he did this as a safety precaution because he was not comfortable carrying large amounts of cash at one time.”

According to the Internal Revenue Service: $10,000 is the sum that triggers federal reporting requirements. Making multiple deposits less than $10,000 is a practice that is known as “structuring” and it is illegal. This practice is typically used to evade taxes or to hide money used for illicit purposes.

The Prosecutor’s report does not mention that the County Manager, along with family members, county vendors and friends, have been given exotic trips through the LHSF for raising these funds.

This Is It!, the main contractor responsible for organizing the event, was over budget by more than $77,000, so then county manager George Devanney allowed the company to retain profits, the prosecutor wrote. But investigators found This Is It! was overpaid more than $24,000.

Romankow wrote: “The use of public monies demands much more than it received.” However no county employee was held accountable. George Devanney and the Director of Finance Lawrence Caroselli resigned/retired under other pretenses with laudatory congratulations from all freeholders including Scanlon. Prosecutor Romankow and his first assistant attended George Devanney’s retirement party.

The Musicfest investigation, along with the Scanlon investigation, are in sharp contrast to how un-connected county employees have been treated over alleged thefts and wrongdoing through the years. In these cases freeholders were outspoken about the alleged wrongdoing and press releases were issued by the county. Employees were held accountable to fullest extent of the law.

A few examples:

July 2007 the Star Ledger reported an employee of the Union County Clerk’s office is scheduled to be in court today to answer charges she stole $3,500 while on the job.

May 2009 the Star Ledger reported that two employees of the Union County parks department were charged with theft, in what authorities say were unrelated incidents.

The Union County Watchdog Association has also written Governor Christopher Christie and the State Attorney General alerting them to these alarming occurances.

21 Responses to “OPRA request reveals freeholder’s son is involved in county criminal investigation, the county won’t release the records”

  1. Jim Buettner says:

    I don;t recall reading anything about this in the Star Ledger. Color me surprised.

  2. Bob Bolmer says:

    Our policitians should be careful not to criticize other countries about how they treat their citizens and abuse laws. Our politicians seem to be very adept at eluding justice and bending others to their will. The United States with its PACs and lack of transparency needs to clean up its own act before pointing the finger at others. Maybe the voters, all of us, will learn and not put these pieces of crap in office. Maybe. I won’t hold my breath.

  3. Javagold says:

    Why do the many put up with Nepotism and Cronyism of the few…i will never understand how they get away with it !

  4. bpaterson says:

    2 years ago Garwood had the police officer mirabella incident. This police officer is the brother of freeholder Mirabella. The officer was accused of 2 counts: criminal mischief and criminal tresspass. The union county prosecutors office investigated and decided to pass on doing anything about it.

    Was it because of union county freeholder chairman Mirabellas realtionship? No one knows, but a deal was made. The UCWA figured into this expose also. Royalty has a different set of rules to live by, but we the unwashed are kept under the boot of corruption. TREE Blog peice on mirabella:

    (lenghty:) http://treeeditor.blogspot.com/2010/02/post-15-21510-subrogation-of-justice.html

    the wrap up: http://treeeditor.blogspot.com/2010/02/post-15a-amended-plot-thickens-22409.html

  5. More politics says:

    No surprise here….remember Judge Pizzi sentenced to 8 years out in less than 6 months thanks to Romankow could it because Pizzi allowed condos to be built and one road is Daria Way did Romankow profit from building them Daria is a family members name

  6. G. Albritton says:

    If this is the same Scanlon who was sentenced to 6 months in jail and 5 years probation on January 25, 2010, then it is no wonder that this matter was so quietly quashed in the bud, and is now kept under wraps under a pretext of an ongoing “investigation”. Anything connecting this guy with any further criminal activity, even in the way of just an arrest, would most probably violate the conditions of his probation, forcing his no-doubt hand-picked probation officer to report the violation and the Court to pack him off to jail. Much less than a conviction may be required for a revocation of probation.

    If there was a cover up here, how many County police officers, administrators, Freeholders, prosecutors and others have been complicit? Must have been quite a team. Presuming that the probation officer and the sentencing judge have any integrity at all, someone should flip a copy of this UCWA entry to them, as they each have an interest and a duty to see that the probation conditions have not been violated and to be informed about any possible violation despite the apparent official efforts to prevent this, and they may decide that they do not want to play on that team.

  7. D. Hill Rose says:

    I call on the state attorney general to prosecute the Union County Democratic machine for RICO violations. It’s not just a single item. It’s pervasive. It’s as if the Union County machine is a criminal syndicate. There’s only a thin veneer of their helping constituents.

    RICO allows for the leaders of a criminal syndicate to be tried for the crimes which they ordered others to do or assisted them. Use that to get to the bosses operating behind the scene.

    What I’m saying is not really a stretch. Just because what is effectively thievery is institutionalized does not absolve the criminality. Further, making the thievery less obvious (such as having contractors fund PACS who then fund the politician) does not mean it isn’t still thievery.

  8. Hockeynut says:

    Can U say “disappearing” Chainsaws!!!!

  9. Joe Nelville says:

    Tina:

    Why are you sitting on the OPRA information since March of this year (2012) about the potential fraud and corruption inside the Cranford Municipal Building? IS it because it will potentially look worse for Republicans than Democrats?

    A true watchdog reports on corruption as it occurs, not piecemeal based on political party.

  10. Tina Renna says:

    Bruce, Not only was Freeholder Mirabella’s brother not prosecuted, when the UCWA placed an OPRA for recods on this matter with the Proseuctor’s office, they responded “no documents to provide”. Two letters signed by the Prosecutor’s office later turned up in a Garwood records request.

    The Union County Prosecutor’s office tried to keep records about the Mirabella deal from the public. There could be reasons why he wasn’t prosecutred, it is without a shadow of a doubt that the prosecutor was involved with trying to keep the incident from reaching the public.

  11. Tina Renna says:

    Joe Nelville, with an email address using the name “John” pay close attention: UCWA stands for UNION COUNTY Watchdog Association – our time and resources and mission are focused on UNION COUNTY government which lays claim to approximately 1/4 of your property tax bill. And we work our butts off and sacrifice our precious spare time doing this volunteer service.

    There are 21 towns within Union County and we can’t do the heavy lifting for every citizen that wants to throw tomatoes at their government anonymously from the safety and peace of their couches. Get out there and start a Cranford Watchdog Association. If you know of wrong doing than it is your duty as a citizen to expose it.

    p.s. posting anonymously on message boards doesn’t frekin count as being an engaged citizen. If fact it makes you a jerk. And because I had to spend my precious spare time on this beautiful Sunday morning dealing with you and your cowardly, lazy accusations I need to tell you to go shit in a hat. Don’t come round here no more looking for someone to do your work, or a place to vent so you can feel like you DID something about IT.

  12. bpaterson says:

    we hope the city of union keeps thier chaimsaws locked up, because the new hire may harbor the same inklings….just sayin.

  13. Sincewhen says:

    Well, this is not the first time both parties use their power to sweep stuff under the carpet. Remember Judge Richard Pizzi from Berkeley Heights he was sentenced to 8 years and got out in less than 6 months …….. him and Romankow went way back …….to Mun. Judge Pizzi allowing condos to be built in Berkeley Heights and a Daria Way is the name of one of the streets …… was Romankow part of the Development team who profited from that …… he could not let his friend stay in jail ……… and how about BH Chief Michael Mathis with official misconduct filing a false dyfs report and Michael Ward at the FBI, Fishman at the Federal Prosecutor’s office looking the other way …….. all buddies together and lets get to Sloan Kettering and
    Dr. Igor Gavrilovic and Dr. Lisa DeAngelis committing healthcare fraud pushing Chemo when it was not needed on Matthew Taylor – I guess Merck/Schering Plough being domiciled in Union County helped Judge Malone and Donald Vanarelli (who once worked for Schering Plough) commit Fraud upon the court ……..Sloan Ketterings attorney Peter Korn used to be a Union County prosecutor like Judge Lisa Chrystal so the case was shut down ……….Funny Mr. Taylor just was cleared again that his tumor is stable ……..Sloan Kettering put in court papers to put him under an illegal guardianship that without treatment he would be dead …………… Fishman, the Attorney General’s office are asleep at the wheel……..

  14. Sincewhen says:

    Just so the Dems do not think they are being picked on Christie’s friends are in on the cover up of the Matthew Taylor illegal guardianship Anthony P. Kearns III on his transition team and then made the Hunterdon County prosecutor even though the guy should be up on major Ethics charges in the illegal guardianship case of Matthew Taylor ….. also Peter Korn part of McElroy, Deutche, Mulvanney and Carpenter
    both sides are covering I guess that is why the Attorney General and the Feds look the other way ……

  15. Alison Magruber says:

    This is very interesting. I have heard there is a Federal Investigation although this incident was not the catalyst for the investigation. I have been told it involves Attorney’s, Prosecutor’s, Judges, Mayors and several elected and appointed County officials. As one person stated “956 hours of Audio – that is a lot of 6 minute conversations and some of these conversations reveal blatant corruption and pay to play”.

  16. Alison Magruber says:

    Wow ! Sincewhen ! It’s almost like you know of the tapes as the Judges you reference are supposedly the ones on the audio along with UC Prosecutor, his son at U.S. Attorney Office (Fishman)in Newark.

    But I have heard it was as a result of a Civil Rights (D.C. Deputy U.S. Attorney)issue and the other corruption was just caught by accident.

    Sincewhen We want to hear more !

  17. Sincewhen says:

    Alison tell us more ……. you seem to know alot …….
    It would be great to see Mr. Taylor freed from an illegal guardianship and the judges and attorneys and police chief Michael Mathis held accountable for their actions ………
    Sloan Kettering should have their records raided by the Federal government …… forcing people into experimental treatment without consent is against the law…..

    Romankow lives in Berkeley Heights so Mathis would never be put up on charges by the Prosecutors office ……… be interesting to hear if they have tapes of the ex mayor and ex chief of staff in Christie’s cabinet ………

  18. Michelle says:

    What you fail to report is that there are 42 other employees in the department and that all under investigation. Aside from the fact that the missing pieces have turned up, just because someone has a criminal record does not mean that they did it. While your detective work for precision and righteousness is commendable, it is not fair to single one person out on account of your obvious personal vendetta against deborah scanlon.

  19. Tina Renna says:

    Michelle, I can’t report on what I don’t know. This is the first I’m hearing it involved more than Scanlon, and you’re alleging that – not offering any proof. I believe he’s the only one that left the county payroll for another public payroll in these tough economic times when public employees are being let go.

    That is the point here. The public has a right to know what is going on with their government and its resources. The county is covering something up and it involved a freeholder’s son. As far as I know Scanlon is the only elected official involved. I don’t have a personal vendetta against her. I don’t like her, true but personal? I don’t know her. Don’t want to. Elected officials are held to a higher standard in a democracy. You seem to know what’s going on, now why is it that you know and the public can’t? We are all created equal.

    If this involved rank and file employees they would have issued a press release and beaten their chest about it in public. Because a freeholder’s son is involved it changed the PR. This is still America and I, a lowly citizen, plan on holding my government accountable.

  20. Michelle says:

    If you can’t report on what you do not know… then you shouldn’t be reporting!
    fact: items missing. fact: there is more than ONE worker in the UC Parks and Rec dept.
    why single one person JUST because they happen to be a relative to a freeholder?
    And being that you are trying to make a “point” as stated in your reply…. what exactly IS your point? is it that the county supposedly covered up something, or is it that he left the county payroll for another position? Make up your mind because you’re not really being concise about that.

  21. Tina Renna says:

    Pay close attention to the point: Citizens are being forced to sue in order to know what is going on with their government.

    Now I’m done arguing with stupid.