Jesse J. Averhart
23 North Lenape Ave.
Trenton, NJ 08618
(609)865-5431
December 29, 2008
Anthony Miskowski Secretary
CWA Local 1033
321 West State St.
Trenton, New Jersey 08618
Dear Mr. Miskowski:
This complaint references the untenable hiring and misappropriation of member’s dues through excessive salaries
(including overtime) of Sandra Coia and Russell Caffey. These individuals are receiving compensation that are
inconsistent with duties performed, and; failure of the Executive Board to investigate and take appropriate actions on
behalf of the membership.
The provisions for this "complaint" is provided in the Union Constitution, Article IX, Section 7, providing that:
The purpose of these appeal procedures is to provide reasonable regulations for
the consideration and review of complaints of members regarding actions of the
Union or Local Officers or governing body, which are alleged to be in violation of
the Constitution, Local Bylaws, rights and privileges of members. Emphasis added.
These "reasonable regulations," are found at Article XI—Amendments, entitled "Internal Appeals Procedures" of the
Constitution.
As provided therein Mr. Miskowski, please place this complaint on the agenda for the next General Membership
Meeting scheduled in January 2009, as required by the Constitution.
STATEMENT OF COMPLAINT
At the membership meeting in November 2008, this Executive Board was sworn-in for a new three year term in
office. It appears that there is no intent to change, but to continue to conduct business as usual and permit the
President of the Local to engulf this Local in disrepute.
Sandy Coia and Russell Caffey are paid excessive salaries (including overtime and bonuses) that are inconsistent with
the duties they perform. Duties not in the best interest of the members of this local.
For all intent and purposes, the Public Employees Relation Commission (PERC), N.J.S.A 34:13A-30, entitled
“Employment with public employee labor organizations, certain: prohibited” acts precludes Coia’s employment at this
Local.
The disqualification provisions of the New Jersey Criminal Code, N.J.S.A. 2C:51-2 mandated as a result of a
conviction for offense involving dishonesty or a crime of the third degree or above, that Coia forfeit her state
employment. N.J.S.A. 2C:51-2 f. provides:
f. Except as may otherwise be ordered by the Attorney General as
the public need may require, any person convicted of an offense under
section 2C:27-2, 2C:27-4, 2C:27-6, 2C:27-7, 2C:29-4, 2C:30-2, or
2C:30-3 of this Title shall be ineligible, either directly or indirectly, to
submit a bid, enter into any contract, or to conduct any business with
any board, agency, authority, department, commission, public
corporation, or other body of this State, of this or one or more other
states, or of one or more political subdivisions of this State for a
period of, but not more than, 10 years from the date of conviction for
a crime of the second degree, or five years from the date of conviction
for a crime of the third degree.
Therefore, this criminal code precludes Coia from conducting direct or indirect business, including administration of
the contract or collective negotiated agreement with the state. As a result of this limitation, Coia cannot represent
the interest of the members of this Local. Indeed, her very presence casts a shadow of disrepute upon this Local.
The excessive salaries (including overtime and bonuses) paid Coia and Caffey represents a misappropriation of
members dues.
The members vehemently object to any expenditures of union funds for legal representation in this matter in any
manner or form.
REMEDY
The members of this Local have the right and privilege of a Local that garners respect and dignity and deciding how
their dues should be spent. The membership should vote that full control of the financial records be given over to
selected members (with an accounting background) to audit the pay records of Coia and Caffey over the last three
years to compare duties and salaries. Absent, total cooperation by this administration with this member auditing team
regarding access to requested records, the four (4) elected officers should be suspended, to preclude interference, so
that a thorough investigation of these expenditures of this local can be conducted.
In the event this matter comes before the CWA Union for resolution, it is respectfully demanded that the CWA Union
intervene by taking control of this Local to protect the democratic rights and financial interest of the local members and
the union.
Thank you,
/s/ Jesse J. Averhart
Jesse J. Averhart
c. Members For Change
bc: ☺