OPRA Request - Documentation of Appointment of Acting Public Guardian
Dear Office of the Governor,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
I. RECORDS REQUESTED
Notice to Custodian: This request explicitly does NOT seek advisory opinions, drafts, or internal policy deliberations. It strictly seeks final, executed administrative transmittals, official appointment notices, internal directories, and inter-agency HR directives.
Please provide the following specific government records:
1. [Gubernatorial Appointment / Designation Directives]
Description: The final, executed letter of appointment, official memorandum, or administrative directive issued by the Office of the Governor (including the Office of Appointments or the Office of the Chief Counsel) to the Department of Human Services (DHS) formally designating Helen C. Dodick as the "Acting" Public Guardian for Elderly Adults, or authorizing her continued service in said capacity.
Date Range: January 1, 2010 to Present.
2. [Civil Service "Unclassified" (UA) Authorization Transmittals]
Description: The official administrative transmittal, HR authorization letter, or directive sent from the Office of the Governor to the New Jersey Civil Service Commission (CSC) or DHS Human Resources authorizing the placement and continued coding of Helen C. Dodick as an "Unclassified Appointment" (Appt Type: UA) under Title Code 99958 within the State Personnel Management Information System (PMIS).
Date Range: January 1, 2010 to Present.
3. [Formal Senate Nomination Transmittals]
Description: Any formal "Notice of Intention to Nominate" or official "Gubernatorial Nomination" memorandum submitted by the Office of the Governor to the Secretary of the New Jersey State Senate formally submitting the name of Helen C. Dodick for the statutory position of Public Guardian for Elderly Adults (pursuant to N.J.S.A. 52:27G-24) for the purpose of receiving the advice and consent of the Senate.
Date Range: January 1, 2010 to Present.
4. [Senate Judiciary Committee Correspondence]
Description: All formal letters, memorandums, or administrative correspondence sent between the Governor's Office of Appointments (or the Office of the Chief Counsel) and the New Jersey Senate Judiciary Committee specifically regarding the vacancy, acting status, or confirmation hearings for the statutory position of the Public Guardian for Elderly Adults.
Date Range: January 1, 2010 to Present.
5. [Statutory "Acting" Limit Extensions]
Description: Any official administrative memoranda, legal waivers, or authorizations issued by the Office of the Chief Counsel legally permitting Helen C. Dodick to exceed standard statutory time limits for an "Acting" executive appointment without securing Senate confirmation.
Date Range: January 1, 2010 to Present.
6. [Executive Branch / Cabinet Directories]
Description: The most current, finalized internal "Cabinet Roster," "Executive Branch Directory," or organizational chart maintained by the Office of the Governor that lists the formally recognized heads, acting directors, and commissioners of State agencies.
Clarification: I am seeking the administrative directory page(s) that specifically identify the individual recognized by the Governor's Office as heading the Office of the Public Guardian.
Date Range: The most current version active as of the date of this request.
7. [Executive Ethics / Conflicts Clearance]
Description: The formal ethics clearance memorandum, conflict-of-interest waiver, or financial disclosure transmittal issued by the Governor's Chief Counsel or the Governor's Ethics Liaison approving Helen C. Dodick to serve in an Executive/Cabinet-level capacity.
Date Range: January 1, 2010 to Present.
II. PREEMPTIVE LEGAL DIRECTIVES & COMPLIANCE REQUIREMENTS
1. Preclusion of the "Deliberative Process" Exemption
The records requested herein are final, executed administrative transmittals, official notices of appointment sent to external agencies, and finalized internal directories. Pursuant to established OPRA case law, the deliberative process privilege protects the formulation of policy, not the execution of an administrative HR action. Once an individual is placed into a role, cleared by ethics, or listed on a directory, the document reflecting that final action is an objective public record.
2. Preclusion of Executive Privilege
Routine personnel transmittals, Civil Service coding authorizations, internal phone directories, and formal notices of nomination submitted to the Legislature do not fall under the protective umbrella of Executive Privilege, as they do not constitute confidential communications concerning core executive policy-making or protected gubernatorial advice.
3. Preclusion of the Personnel Exemption (N.J.S.A. 47:1A-10)
The records requested are the foundational administrative documents that establish a public official's title, appointment status, and legal authority. Pursuant to N.J.S.A. 47:1A-10, a public employee's "name, title, position, salary, payroll record, length of service... and the reason for any separation from government service" are explicitly defined as public government records.
4. Mandatory Duty to Seek Clarification
If the custodian determines that any portion of this request is unclear, the custodian has an affirmative legal duty to promptly seek clarification. Waiting until the expiration of the statutory deadline to issue a wholesale denial based on terminology will be challenged as an unlawful delay tactic.
Format Requested: Please provide all records in electronic format (PDF) via email or secure download link.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Andrew Khazanovich
Dear Mr. Khazanovich:
Attached please find the response of the Office of the
Governor to your OPRA Request March 23,2026.
CONFIDENTIALITY NOTICE: The information contained in this communication
from the Office of the Governor is privileged and confidential and is
intended for the sole use of the persons or entities who are the
addressees. If you are not an intended recipient of this email, the
dissemination, distribution, copying or use of the information it contains
is strictly prohibited. If you have received this communication in error,
please immediately contact the Office of the Governor at (609-777-1088) to
arrange for the return of this information.