Dear Records Custodian Wynne,

Request Description

This is a request for government records under the New Jersey Open Public Records Act OPRA N.J.S.A. 47:1A-1 et seq. as amended effective September 3 2024. This request seeks access to existing records only and does not request the creation of new documents. If access is denied in whole or in part please identify the specific statutory exemption for each withholding and produce all reasonably segregable non exempt portions.

Please provide existing government records maintained by the Borough of Matawan for the period January 1 2025 through November 6 2025 that document the administrative handling control and submission of materials to the New Jersey Department of Environmental Protection in connection with the Borough of Matawan Water Infrastructure Protection Act WIPA emergent conditions application.

The records requested are limited to the following existing materials. (1) All transmittal letters emails or other communications by which WIPA application materials analyses or supporting documents were sent to NJDEP including any cover correspondence or delivery confirmations. (2) Any attachment lists indices inventories or summaries identifying what documents were included in the WIPA submission to NJDEP including any version identifiers if maintained. (3) Any version histories revision logs or document control records maintained by the Borough reflecting drafts revisions or finalization of WIPA submission materials prior to or at the time of submission. (4) Any internal checklists certifications sign offs or administrative completeness reviews used by the Borough to confirm what materials were submitted to NJDEP or to confirm readiness for WIPA certification.

This request seeks only records as they exist and does not require the creation of new analyses explanations summaries or narratives. Responsive records should be produced regardless of format including electronic records such as emails PDFs spreadsheets or native files. If records are maintained electronically please produce them in their native format or a reasonably usable electronic format.

If any portion of a record is exempt from disclosure please redact only the exempt portion and produce the remainder. For each redaction or withholding please identify the specific OPRA exemption relied upon. OPRA requires a response within seven business days of receipt. Failure to grant access or properly request a lawful extension within that period constitutes a deemed denial.

Please provide records electronically by email or secure download link. If a special service charge is asserted please provide an itemized explanation in advance. If records are voluminous please produce them on a rolling basis as they become available.

The requester is a citizen of the United States exercising civil rights under state and federal law including the right to petition government and equal treatment. No rights are waived. OPRA does not require state or local residency.

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 records for a commercial purpose. I am not seeking records in connection with a legal proceeding.

Regards,
John Certo

Dear Records Custodian Karen Wynne,

This is a records preservation notice issued pursuant to N.J.S.A. 47:1A-9 and the common law right of access. Please preserve, maintain, and not destroy, delete, alter, overwrite, conceal, or modify any records responsive to this OPRA request while the request is pending and until it is fully and finally resolved. This preservation obligation applies immediately upon receipt of this request.

This duty applies regardless of routine or automated deletion policies, email retention limits, backup overwrites, document management schedules, device replacement, or any other internal records management practices.

This preservation obligation applies to all formats and locations where responsive records may reasonably be maintained, including emails, attachments, drafts, internal notes or memoranda, logs, tracking records, databases, shared drives, cloud storage, third party systems used by or for the Borough, metadata, and system generated records maintained in the ordinary course of business.

This notice is issued by me solely in my capacity as a private New Jersey resident exercising statutory and constitutional rights under the New Jersey Constitution, the First Amendment to the United States Constitution, the Open Public Records Act, and the common law right of access. No adverse action, retaliation, obstruction, or discriminatory treatment may lawfully result from the exercise of these rights.

If any responsive record is later asserted not to exist, please provide the written certification of non existence required by N.J.S.A. 47:1A-5(g), certifying that a reasonable search was conducted across all systems and departments where responsive records are ordinarily maintained.

Thank you.
John Certo