Phyllis Giannini [Address Redacted] October 4, 2006

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Chastity Sims
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1 Phyllis Giannini [Address Redacted] October 4, 2006 Mr. Stewart S. Rosenberg Chairperson of the Camden County Ethics Board C/O Camden County Clerk Ethics Complaint Against Donna Davis Dear Mr. Rosenberg: Pursuant to the Local Government Ethics Law 40A: et. seq. and the Camden County Code of Ethics (Effective October 8, 1995), I am herewith filing an Ethics Complaint against Donna Davis. Donna Davis has stated under oath that she is a paralegal employed in the office of Camden County Counsel. Donna Davis on information and belief is also the Secretary of the Camden County Ethics Board. The New Jersey Legislature in 40A: et. seq. found and declared: "a. Public office and employment are a public trust; and "b. The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected and appointed representatives;" and "c. Whenever the public perceives a conflict between the private interests and the public duties of a government officer or employee, that confidence is imperiled." Similarly, Camden County Code of Ethics Chapter provides, "The purpose of this code is to establish basic standards of conduct for County official and employees in accordance with the Local Government Ethics Law (40A: et. seq.). These standards are not all inclusive but should be used as a basic guideline so that government may shape and implement policy in an environment of informed citizen participation." 1. N.J.S.A. 40A: (h), provides: Count I Violations of N.J. S 40A: (h) and Camden County Code of Ethics Chapter 4:1.1(h). h. No local government officer or employee or business organization in which he has an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application or other matter pending before any agency in the local government in which he serves. 2. N.J.S.A. 40A: (h) is the analogue of Camden County Code of Conduct Chapter 4:1.1(h).

2 3. Donna Davis is a local government employee in Camden County. Donna Davis serves the Camden County Counsel. Donna Davis, however, has personally appeared and represented Mara Court Homeowners Association before the Camden County Court in Mara Court Homeowners Association v. Phyllis Giannini. Donna Davis testified in this proceeding on August 23, 2006 that she works 40 hours per month on behalf of Mara Court Homeowners Association. Donna Davis also testified that she was a paralegal in the office of Camden County Counsel. This Donna Davis testimony occurred during the normal work day on August 23, 2006 while she was employed, as well as being paid by Camden County. 4. Donna Davis was neither representing herself individually nor the agency in which she is an employee. This Donna Davis dual representation undermines public confidence in the administration of justice process in Camden County. 5. Not unlike County Counsel or the President's wife, Camden County employees have a duty and public trust not to represent others in matters pending in Camden County. Donna Davis has violated N.J. S. 40A: (h) and the Camden County Code of Conduct analogue. 6. Donna Davis knowingly and intentionally continues to violate her public trust and both the letter and spirit of the N.J.S. 40A: (h) and Camden County Code of Conduct by continuing to moonlight and represent Mara Court Homeowners Association in Camden County while continuing in her dual role serving as a Camden County employee. 7. Statutes are the primary manifestations of public policy, and a violation of a statute tends to frustrate the public policy underpinnings of the enactment. 1 The very purpose of N.J.S. 40A: (h) and the applicable Camden County Code of Conduct is to provide an iron shield and across the board statutory safeguard against the appearance of nepotism, the possibility of incestuous relationships, and the appearance of collusion that is bound to arise when County employees represent others in the County they work. 8. The complainant is in the class of people N.J.S. 40A: (h) and the Camden County Ethics Code was enacted to protect. The complainant has been and continues to be injured by Donna Davis's violation of the Camden County and Local Government Ethics Law. Count 2 Violation of N.J. S 40A: and Camden County Code of Ethics Chapter 4:1.1(a). 9. The preceding allegations are incorporated herein as if they were fully set forth in this cause of action. 10. N.J. S 40A: (a) provides: 1 See Brandon Farms Prop. Owners Ass'n v. Brandon Farms Condo. Ass'n, 180 N.J. 361, , 852 A.2d 132 (2004).

3 a. No local government officer or employee or member of his immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest; 11. N.J. S 40A: (a) is the analogue to Camden County Code of Conduct Chapter 4:1.1(a) In Committee v. Twin Rivers, 383 N.J. Super. 22 (2006), the New Jersey Court of Appeals was "called upon to determine whether the standard-setting and standard-applying exercises at issue are essentially in performance of public functions or impact with sufficient directness upon public interests to call into play the constitutional limitations that classically apply to public sector actors, but which the New Jersey Constitution applies more broadly. The Court Concluded, "that complaints revealed an "undemocratic life" in many associations, with homeowners unable to obtain the attention of their board or manager. Id. at 36. The Court affirmed that Boards "acting contrary to law, their governing documents or to fundamental democratic principles, are unstoppable without extreme owner effort and often costly litigation." The Court found that Board members "dispute compliance" with their legal obligations and use their powers to punish owners with opposing views. "The complete absence of even minimally required standards, training or even orientation for those sitting on boards and the lack of independent oversight is readily apparent in the way boards exercise control." Ibid. The Court affirmed, "An Assembly Task Force to Study Homeowners' Associations, created by Assembly Resolution No. 47 of 1996, reported in 1998 that associations' duties were "increasingly governmental" and that they exercised "quasi-governmental powers." The New Jersey Court of Appeals specifically held that homeowners associations were a "constitutional actor required to respect fundamental rights protected by the New Jersey Constitution when exercising dominion over persons residing within its borders." Id. at Donna Davis's quasi-governmental role and powers as a constitutional actor under New Jersey law as the president and alter-ego of Mara Court Homeowners Association are in substantial conflict with her multifaceted role as a Camden County employee and secretary to the Camden County Ethics Board. Donna Davis is wearing multiple governmental actor hats. Donna Davis is taking and continues to take these multiple hats on and off as she sees fit is a substantial conflict of interest. This "now you see it and now you don't" shell game Donna Davis is playing interferes with her multiple professional and fiduciary duties to Mara Court Homeowners Association and Camden County. Where one role stops and another begins is impossible to locate. 14. Donna Davis is engaged in substantial transactions and professional moonlighting activities as the manager and President of Mara Court Homeowners. Her testimony was 2 a. No County officer or employee or member of his/her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity which is in substantial conflict with the proper discharge of his/her duties in the public interest.

4 she spends 40 hours per month managing its affairs. Mara Court Homeowners Association is composed of 14 units. 15. In addition to being a quasi-government actor under New Jersey law, Donna Davis is also the alter ego Mara Court Homeowners Association. She totally dominates the Mara Court board and homeowners. She calls the shots and is "unstoppable" because she works 40 hours per month without pay and no one else wants the job. Donna Davis has filed three lawsuits against three former Presidents of Mara Court Homeowners Association, including the undersigned. These lawsuits were filed by Donna Davis after she stated in Mara Court Homeowners Minutes that these former presidents did not knowingly do anything wrong. Donna Davis is "unstoppable without extreme owner effort and often costly litigation." Committee v. Twin Rivers, supra, 383 N.J. Super. at 36 (2006). 16. Additionally, everyone knows Donna Davis works for the Camden County government and is afraid of her. The homeowner's tried to vote her out of office, after she retained her brother as counsel for the Mara Court Homeowners Association and sua sponte imposed a $500 special assessment without a vote. Nine homeowners asked this complainant and former President of Mara Court Homeowners to protest these intimidating Donna Davis actions taken under color of state law. See attached exhibit. Donna Davis wouldn't permit a vote with double talk and legal technicalities. She makes it readily apparent that she is a Napoleon and want-to-be-lawyer. Homeowners have told this complainant that if they dispute Donna Davis, they fear retaliation with legal process. 17. Donna Davis has a fiduciary duty to the Homeowners Association. Donna also a public trust as a Camden County employee. Donna Davis's dual roles, as a fiduciary and public trustee, present a substantial and direct conflict of interest because she has never disclosed to the homeowners that she is not permitted to represent them in Camden County because of the Camden County Ethics Code. 18. Donna Davis is engaged in moonlighting in which she has a direct financial interest. First, she has a pecuniary interest in any Camden County Judgment. Second, the Mara Court Homeowners Association rules explicitly authorize the hiring of a professional manager. Donna Davis pro bono moonlighting, in effect, reduces her monthly Homeowners dues because she has chosen not to retain a manager. Camden County taxpayers, in effect, by paying Donna Davis a public salary are indirectly financing the 40 hours per month she works on Mara Court Homeowners transactions. 19. Ms. Davis, on information and belief, has not disclosed her business relationship or received written permission for her moonlighting 40 hours per month from either County Counsel of the Ethics Board. Ms. Davis, on information and belief, apparently thinks that because she is the secretary for the Ethics Committee that she is not governed by the Camden County Code of Ethics. 20. Ms. Davis's role and function as the secretary of the Camden County Ethics Boards presents a substantial and continuing conflict of interest for the members of the Camden County Ethics Board because of her longstanding professional and personal relationship with the members.

5 Count 3 Violations of Camden County Code of Ethics Chapter 4: The preceding allegations are incorporated herein as if they were fully set forth in this cause of action. 22. Camden County Code of Ethics Chapter 4:1.3, provides: 4:1.3 All Camden County Officers and Employees in the Course of Their Duties Shall Avoid the Appearance of Impropriety and Are Charged With the Affirmative Duty of Upholding the law. 23. Even assuming that Counts 1 and 2, and the allegations therein, do not trespass the statutes based on some technicality, Donna Davis's actions and multiple governmental roles create the appearance of impropriety. These cumulative Donna Davis actions thus trespass Chapter 4: Adding to this conflict of interest and appearance of impropriety, Donna Davis shortly after moving in to Mara Court Association last year told me that she has connections and special influence in the Camden County Courts, and to let her know if I needed any assistance in the Camden County Courts. She told me that she was best friends with Camden County Judge Allan Vogelson, and that she was maid of honor at his wedding. This complainant is not sure, but believes Donna Davis said that she used to be Judge Vogelson's secretary before he was a judge. This complainant has personally seen Camden County Judge Allan Vogelson visiting Donna Davis at her house. 25. Donna Davis, further on information and belief, has used Camden County resources to engage in legal research on her multiple case filings; and spends County time and resources while working 40 per month on Mara Court Homeowners transactions. 26. New Jersey Statue 45:22A-44(c) provides: "The association shall provide a fair and efficient procedure for the resolution of disputes between [There are more pages available, but I do not have them.]

6 Joseph Robert Giannini, Esq. [Redacted Address] State of New Jersey Department of Community Affairs Division of Local Government Services - Local Finance Board 101 S Broad St PO Box 803 Trenton, NJ Phone dlgs@dca.state.nj.us November 16, 2007 Re: Local Government Ethics Law Complaint # LFB Dear Mr. Giannini: This is in regards to the above referenced complaint lodged by your client, Phyllis Giannini. Please be advised that, in accordance with the Board's Rules: N.J.A.C. 5: (c) The Board shall not process a complaint on a matter which is pending in a court of law or administrative agency of the State. Subsequent to a preliminary investigation of this matter, it has come to the attention of the Board that the matters which are the subject of your client's complaint are also in litigation. Pursuant to its Rules, the Board's policy regarding matters in litigation is to close the complaint file. Therefore, the Board determine at its meeting of November 7, 2007, to close the above referenced complaint without prejudice. This matter will remain closed unless you, or your client, advise the Board in writing that the litigation is resolved and that you wish to proceed with the complaint under the Local Government Ethics Law. Please submit a copy of the court documents with your notification letter. If you have any questions regarding this matter, please feel free to contact David Nenno at (609) Sincerely, Susan Jacobucci, Chair Local Finance Board c: Phyllis Giannini, 46 Mara Court, Cherry Hill, New Jersey Stewart Rosenberg, Chair, Camden County Ethics Board Editor s Note: In order to make these determination letters text searchable, I have scanned and converted them into live-text PDF documents. John Paff

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