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Democratic Essex County Executive Joseph DiVincenzo endorses Republican Chris Christie during a presser at McLoone's Boat House. West Orange, NJ

(Robert Sciarrino/The Star-Ledger)

TRENTON — The New Jersey Department of Education says it has no evidence that it advertised a high-paying job that went to Essex County Executive Joseph DiVincenzo's son, even though records show it posted a public notice for a similar position.

The lack of public record for the job gives ammunition to critics who claim DiVincenzo’s son, Joseph G. DiVincenzo, received it without competition because his father, a Democrat, is a key ally to Republican Gov. Chris Christie.

Hetty Rosenstein, New Jersey director for the Communications Workers of America, the largest state workers union, said she reads the state’s lack of evidence to mean it never advertised the job at all, which would violate its contract with the union. She said she plans to file a grievance against the state.

“I think it’s really been obvious what it is. It continues to be obvious what it is. It is a patronage job,” said Rosenstein.

The Department of Education has repeatedly declined to respond to questions about whether the position, which pays $92,528 a year, was ever advertised in a place that other potential applicants could see it.

After Department of Education spokesman David Saenz did not respond to more than half a dozen phone calls and emails on the matter since early October, NJ Advance Media filed an Open Public Records Act request for a copy of the public notice for the job that was filled by DiVincenzo, 30. The department denied the records request "based on the fact the Department of Education does not maintain the records you have sought under this request."



But the Department of Education does keep such records for other jobs. A subsequent public records request by NJ Advance Media for all job advertisements by the Department of Education during the month of May produced five records, including an advertisement for "Education Program Development Specialist 3" — the same job title DiVincenzo has, but for a different specific job in Morristown. DiVincenzo, who started July 1, works out of the Essex County Superintendent's office in Newark, in the same complex where his father's office is located

Reached by phone early last week, Saenz, the Department of Education spokesman, said he would look into the matter but did not respond to subsequent calls and emails.



DiVincenzo and Interim Essex County Superintendent Joseph Zarra did not return a phone call seeking comment, while Christie spokesman Michael Drewniak declined to comment.



The position — which is the highest of three levels — requires five years of experience and a Master's Degree in education. It involves "the design, production, and delivery of curricula, training, program improvement, and related education services to education agencies to ensure achievement of mandated goals and to meet existing and emerging needs."



DiVincenzo had six years of experience, beginning as an assistant second grade teacher at the Robert Treat Academy – the school founded by Newark power broker Steve Adubato, his father's political mentor. Most recently, he was a middle school teacher in Nutley. He also has a Master's Degree from Montclair State University, and, according to his father, several additional certifications.

DiVincenzo also works on the sales staff at Fairview Insurance, a politically-connected agency run by John F.X. Graham — one of the state's most prominent Democratic donors.



Rosemarie Cipparulo — a labor lawyer and Rutgers professor who often represents public workers unions — told NJ Advance Media in October that it's "highly unusual" for a new Department of Education employee to be hired at such a high level, and that it's usually something long-time staffers are promoted into. DiVincenzo was hired at the fifth of ten steps on the job's salary scale.



Rosenstein said she will file a grievance because the union's contract with the state says "job vacancy announcements should be posted in order to inform unit employees serving in appropriate titles of a promotional possibility" and "such job vacancy announcement shall be prominently posted within an organizational scope as determined by management for five days."

Steven Weissman, who represented the CWA in its contract negotiations with the state, agreed with Rosenstein that if the state did not post the job it violated its contract.



"They had a posting obligation," Weissman said.



What's less clear is if that would have violated the state constitution and its equal opportunity law, which holds that "the head of each State agency shall ensure equality of opportunity for all of its employees and applicants seeking employment."



"There is this sort of overarching constitutional requirement that all positions be filled based on merit and fitness by exam to the extent possible. The way they deal with that is they say 'we do fill positions that way to the extent possible,'" Weissman said. "If you're going to fill a position with merit and fitness how do you do that without having a competitive pool of candidates? I don't know how you don't advertise positions."

Matt Friedman may be reached at mfriedman@njadvancemedia.com. Follow him on Twitter @MattFriedmanSL. Find NJ.com on Facebook.

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