Dear Matawan Borough,

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-6(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.

Records requested:

Pursuant to OPRA and the common law right of access, I respectfully request all records relating to the proposed acquisition of real property under Ordinance 25-19, which authorizes negotiation for the purchase of:

Block 26, Lots 1, 2, and 3, and

Block 28, Lots 6 and 7,
on the official Tax Map of the Borough of Matawan, associated with the properties at 140 Main Street and 150 Jackson Street, as referenced in the ordinance.

Specifically, I request all records, in full and unredacted form where legally permissible, including but not limited to:

1. Appraisals, Valuations, and Expert Reports
- All appraisals (draft and final)
- Market value analyses
- Comparative studies
- Valuation emails sent to or from any municipal official
- Any appraisal-related memos or internal notes
- Any documents prepared by outside consultants, brokers, or appraisers

2. Internal Communications & Negotiation Documents
All emails, memoranda, text messages, notes, meeting summaries, and written communications involving:
- Mayor
- Business Administrator
- Municipal Clerk
- Borough Attorney
- Special Counsel
- Appraisers
- Real estate professionals
- Any consultant or expert hired under the authority of Ordinance 25-19
including communications with the seller 140 Main Street Propco LLC or its representatives.

3. Studies, Financial Analyses & Reports
- Any feasibility studies
- Environmental reports (Phase I/Phase II)
- Development potential studies
- Fiscal impact analyses
- Financing models or debt-service projections
- Any documents related to the intended use of the properties

4. Acquisition Planning & Negotiation Materials
- All drafts or versions of agreements of sale
- Term sheets
- Transaction planning emails
- Borough-generated negotiation notes
- Communications with title companies or land surveyors

5. Financing Documentation
- All financial memoranda
- Any bond financing analyses
- Internal communications relating to how the acquisition will be financed
- Any documents referencing Bond Ordinance 25-18 or related financing vehicles

6. Required Production Format
Under Paff v. Galloway and OPRA requirements:
- Emails must be provided in PST, MSG, or EML format
- Spreadsheets in native XLSX or CSV format
- All photographs in their original EXIF-intact format
- Calendar entries in ICS format
- Documents in their original native format if electronically generated

7. Metadata Requirement
Metadata is part of the government record.
Please include for all files:
- Created/modified timestamps
- Authors
- File paths
- Email headers
- EXIF data (for images)
- Document properties

8. Redactions Must be Fully Justified
If any portion is withheld or redacted:
- Provide a GRC-compliant redaction index
- Cite the specific statutory exemption for each redaction
- Provide all non-exempt portions immediately
Blanket or generalized exemptions are not permitted.

9. Anti-Delay Requirement
This request is made under N.J.S.A. 47:1A-5(i).
The 7-business-day response period begins the business day after receipt.

My preferred delivery method for response(s) to this request is by email 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.

Thank you,

John Certo

𝗦𝘂𝗯𝗷𝗲𝗰𝘁: 𝗥𝗲𝘀𝗽𝗼𝗻𝘀𝗲 𝘁𝗼 𝗘𝘅𝘁𝗲𝗻𝘀𝗶𝗼𝗻 𝗥𝗲𝗾𝘂𝗲𝘀𝘁 – 𝗢𝗣𝗥𝗔 𝗥𝗲𝗾𝘂𝗲𝘀𝘁 𝗡𝗼. 𝟴𝟯𝟴𝟭𝟭

𝗗𝗲𝗮𝗿 𝗥𝗲𝗰𝗼𝗿𝗱𝘀 𝗖𝘂𝘀𝘁𝗼𝗱𝗶𝗮𝗻 𝗪𝘆𝗻𝗻𝗲 𝗮𝗻𝗱 𝗖𝗼𝘂𝗻𝘀𝗲𝗹 𝗔𝗰𝗲𝘃𝗲𝗱𝗼,

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟭 – 𝗘𝘅𝘁𝗲𝗻𝘀𝗶𝗼𝗻 𝗧𝗶𝗺𝗲𝗳𝗿𝗮𝗺𝗲
I acknowledge receipt of your December 9, 2025 correspondence requesting a three-week extension for OPRA Request No. 83811. A three-week extension from December 9, 2025 concludes on December 30, 2025.

Your letter identifies December 31, 2025 as the initial production date. OPRA requires access to government records within seven business days under N.J.S.A. 47:1A-5(i), and any extension must be reasonable, narrowly tailored, and tied to a specific administrative need. A unilateral date of December 31 does not correspond to the referenced three-week period.

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟮 – 𝗕𝘂𝗿𝗱𝗲𝗻 𝗼𝗳 𝗦𝗲𝗮𝗿𝗰𝗵 𝗮𝗻𝗱 𝗣𝘂𝗯𝗹𝗶𝗰 𝗔𝗴𝗲𝗻𝗰𝘆 𝗥𝗲𝘀𝗽𝗼𝗻𝘀𝗶𝗯𝗶𝗹𝗶𝘁𝘆
Your correspondence states that responsive records may be dispersed across several Borough departments and external professionals. OPRA places the responsibility of locating, gathering, and coordinating responsive records entirely on the public agency, not the requester. Records remain public records under N.J.S.A. 47:1A-1.1 regardless of where they are stored.

New Jersey courts have confirmed that internal distribution cannot delay or restrict access:
• 𝗠𝗔𝗚 𝗘𝗻𝘁𝗲𝗿𝘁𝗮𝗶𝗻𝗺𝗲𝗻𝘁, 375 N.J. Super. 534 (App. Div. 2005)
• 𝗕𝗲𝗻𝘁, 381 N.J. Super. 30 (App. Div. 2005)
• 𝗢’𝗦𝗵𝗲𝗮, 410 N.J. Super. 371 (App. Div. 2009)

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟯 – 𝗜𝗺𝗽𝗿𝗼𝗽𝗲𝗿 𝗖𝗮𝘁𝗲𝗴𝗼𝗿𝗶𝗰𝗮𝗹 𝗘𝘅𝗲𝗺𝗽𝘁𝗶𝗼𝗻𝘀
Your letter references potential exemptions for categories such as “draft appraisals,” “negotiation notes,” and “attorney-client communications.” OPRA does not permit category-level or anticipatory exemptions. Under N.J.S.A. 47:1A-5(g), exemptions may only be applied after reviewing each specific record, accompanied by a record-specific index identifying each withheld document and the precise statutory exemption.

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟰 – 𝗥𝗼𝗹𝗹𝗶𝗻𝗴 𝗣𝗿𝗼𝗱𝘂𝗰𝘁𝗶𝗼𝗻 𝗥𝗲𝗾𝘂𝗶𝗿𝗲𝗺𝗲𝗻𝘁
Because multiple categories of responsive records already exist within Borough files, I respectfully request rolling production of all currently available records. OPRA’s prompt-access requirement under N.J.S.A. 47:1A-5(i) mandates production of records that are immediately accessible.

Nothing in OPRA permits withholding available records until the end of an extension. This principle is confirmed in:
• 𝗠𝗔𝗚 𝗘𝗻𝘁𝗲𝗿𝘁𝗮𝗶𝗻𝗺𝗲𝗻𝘁
• 𝗕𝗲𝗻𝘁
• 𝗕𝘂𝗿𝗻𝗲𝘁𝘁 v. Gloucester County, 415 N.J. Super. 506 (2010)

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟱 – 𝗖𝗲𝗿𝘁𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗮𝗻𝗱 𝗥𝗲𝗰𝗼𝗿𝗱-𝗦𝗽𝗲𝗰𝗶𝗳𝗶𝗰 𝗛𝗮𝗻𝗱𝗹𝗶𝗻𝗴
If any record does not exist, OPRA requires a written certification of non-existence under N.J.S.A. 47:1A-5(g) confirming a reasonable search across all relevant departments and third-party consultants.

If any record is denied or redacted, OPRA requires:
• Identification of each withheld record
• Citation to the statutory exemption applied
• A record-specific index pursuant to N.J.S.A. 47:1A-5(g)

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟲 – 𝗣𝗿𝗼𝗽𝗲𝗿 𝗖𝘂𝘀𝘁𝗼𝗱𝗶𝗮𝗻 𝗖𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲
OPRA designates the Municipal Clerk as the statutory records custodian under N.J.S.A. 47:1A-1.1 and 47:1A-5(a) unless an alternate custodian has been formally appointed. Please confirm whether the Borough has formally designated an alternate custodian. Absent such designation, OPRA requires responses to be issued through the custodian.

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟳 – 𝗥𝗲𝘀𝗶𝗱𝗲𝗻𝘁 𝗥𝗶𝗴𝗵𝘁𝘀 𝗮𝗻𝗱 𝗢𝗣𝗥𝗔
As a New Jersey resident, I exercise all rights under the New Jersey Constitution, the First Amendment, the common law right of access, and OPRA. No justification is required for an OPRA request under N.J.S.A. 47:1A-5(f).

𝗦𝗘𝗖𝗧𝗜𝗢𝗡 𝟴 – 𝗖𝗼𝗻𝗰𝗹𝘂𝘀𝗶𝗼𝗻
Please proceed in accordance with OPRA’s statutory requirements and provide rolling production of all non-exempt, existing records without delay. I look forward to receiving the responsive materials for OPRA Request No. 83811.

𝗦𝗶𝗻𝗰𝗲𝗿𝗲𝗹𝘆,
𝗝𝗼𝗵𝗻 𝗖𝗲𝗿𝘁𝗼

𝗦𝘂𝗯𝗷𝗲𝗰𝘁: 𝗠𝗮𝗻𝗱𝗮𝘁𝗼𝗿𝘆 𝗥𝗲𝗰𝗼𝗿𝗱𝘀 𝗣𝗿𝗲𝘀𝗲𝗿𝘃𝗮𝘁𝗶𝗼𝗻 𝗡𝗼𝘁𝗶𝗰𝗲 – 𝗢𝗣𝗥𝗔 𝗥𝗲𝗾𝘂𝗲𝘀𝘁 𝗡𝗼. 𝟴𝟯𝟴𝟭𝟭

𝗗𝗲𝗮𝗿 𝗥𝗲𝗰𝗼𝗿𝗱𝘀 𝗖𝘂𝘀𝘁𝗼𝗱𝗶𝗮𝗻 𝗪𝘆𝗻𝗻𝗲 𝗮𝗻𝗱 𝗠𝘂𝗻𝗶𝗰𝗶𝗽𝗮𝗹 𝗖𝗼𝘂𝗻𝘀𝗲𝗹 𝗔𝗰𝗲𝘃𝗲𝗱𝗼:

This letter serves as a mandatory Records Preservation Notice for all materials potentially responsive to OPRA Request No. 83811. This notice is grounded in the following New Jersey statutes and legal authorities:

• N.J.S.A. 47:1A-1 et seq. (OPRA) – prohibits destruction, alteration, or withholding of government records during a pending OPRA request
• N.J.S.A. 47:3-15 through 47:3-32 (Destruction of Public Records Act) – forbids unauthorized destruction or disposal of public records
• N.J.S.A. 2C:28-7 (Tampering With Public Records) – criminalizes concealment, alteration, destruction, or falsification of public records
• GRC precedent – destruction or non-preservation of responsive records constitutes a denial of access
• DARM municipal retention schedules – require preservation of public records until lawful disposal

𝗪𝗛𝗘𝗡 𝗔𝗡 𝗢𝗣𝗥𝗔 𝗥𝗘𝗤𝗨𝗘𝗦𝗧 𝗜𝗦 𝗣𝗘𝗡𝗗𝗜𝗡𝗚, 𝗣𝗥𝗘𝗦𝗘𝗥𝗩𝗔𝗧𝗜𝗢𝗡 𝗢𝗙 𝗔𝗟𝗟 𝗣𝗢𝗧𝗘𝗡𝗧𝗜𝗔𝗟𝗟𝗬 𝗥𝗘𝗦𝗣𝗢𝗡𝗦𝗜𝗩𝗘 𝗠𝗔𝗧𝗘𝗥𝗜𝗔𝗟𝗦 𝗜𝗦 𝗡𝗢𝗧 𝗢𝗣𝗧𝗜𝗢𝗡𝗔𝗟.
The Borough must preserve, in full, all records that may be responsive to OPRA Request No. 83811. This requirement applies to:

• Emails, attachments, text messages, social media messages, and electronic communications
• Drafts, redlines, notes, annotations, working versions, and preliminary documents
• Appraisals (draft or final), feasibility studies, environmental studies, negotiation materials
• Electronic files, spreadsheets, digital documents, metadata, and audit trails
• Server logs, email logs, revision histories, access logs, and backup data
• Records created or stored by outside consultants, engineers, appraisers, or attorneys acting for the Borough
• Records maintained on personal devices or accounts if used for Borough business
• Any copies stored on shared drives, personal drives, cloud storage, removable media, or archives

𝗣𝗥𝗘𝗦𝗘𝗥𝗩𝗔𝗧𝗜𝗢𝗡 𝗠𝗨𝗦𝗧 𝗕𝗘 𝗙𝗨𝗟𝗟 𝗔𝗡𝗗 𝗨𝗡𝗜𝗡𝗧𝗘𝗥𝗥𝗨𝗣𝗧𝗘𝗗.
No deletion, overwriting, editing, metadata alteration, renaming, relocation affecting timestamps, or destruction of any responsive or potentially responsive record may occur while OPRA Request No. 83811 remains pending.

⸻

⭐ 𝗥𝗘𝗤𝗨𝗜𝗥𝗘𝗗 𝗪𝗥𝗜𝗧𝗧𝗘𝗡 𝗖𝗢𝗡𝗙𝗜𝗥𝗠𝗔𝗧𝗜𝗢𝗡

To ensure compliance with OPRA, the Destruction of Public Records Act, and criminal record-tampering statutes, please provide written confirmation that:
1. All potentially responsive records have been placed under an active preservation hold.
2. No responsive record will be deleted, altered, overwritten, or concealed.
3. All relevant departments (Clerk, Administration, Finance, Legal, Planning/Engineering) have received notice of preservation requirements.
4. All outside professionals (consultants, appraisers, engineers, attorneys, contractors) have also been notified.
5. All systems containing responsive data (email servers, cloud systems, local drives, shared drives, mobile devices, backup systems) are covered by the preservation hold.

𝗡𝗼𝗻-𝗿𝗲𝘀𝗽𝗼𝗻𝘀𝗲 𝘁𝗼 𝘁𝗵𝗶𝘀 𝗿𝗲𝗾𝘂𝗲𝘀𝘁 𝗺𝗮𝘆 𝗶𝘁𝘀𝗲𝗹𝗳 𝗰𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗲 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗼𝗳 𝗽𝗼𝘁𝗲𝗻𝘁𝗶𝗮𝗹 𝗻𝗼𝗻-𝗽𝗿𝗲𝘀𝗲𝗿𝘃𝗮𝘁𝗶𝗼𝗻.
Given that prior preservation notices have not been acknowledged, written confirmation is required for legal clarity and to prevent ambiguity regarding statutory duties.

Destruction or alteration of responsive documents may constitute:
• a denial of access under OPRA,
• a violation of the Destruction of Public Records Act (N.J.S.A. 47:3-15 et seq.), and
• potential criminal liability under N.J.S.A. 2C:28-7.

Thank you. I look forward to your written confirmation of full preservation for OPRA Request No. 83811.

𝗝𝗼𝗵𝗻 𝗖𝗲𝗿𝘁𝗼