Communications Regarding Borough Debt, Bond Issuances, and Ratings
Dear Records Custodian Wynne,
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 proprietary software pursuant to N.J.S.A. 47:1A-5(f).
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 these records in connection with a legal proceeding.
I REQUEST all rights, protections, and statutory entitlements afforded to me under OPRA and the common law right of access.
If any portion of this request is unclear, OPRA requires you to contact me for clarification rather than deny the request.
If any portion of this request is denied, in whole or in part, OPRA requires you to identify the specific legal exemption for each withheld record and provide a written index describing the withheld material, pursuant to N.J.S.A. 47:1A-5(g).
If any responsive record does not exist, I request a written **certification of non-existence** as required by N.J.S.A. 47:1A-5(g).
If records exist in electronic form, please produce them electronically.
Please also preserve all potentially responsive records pursuant to N.J.S.A. 47:1A-9.
Records Requested (January 1, 2020 – present):
1. All email communications, including attachments, exchanged between the Borough CFO and any of the following concerning any matter relating to debt, bond issuance, borrowing, interest rates, credit ratings, or rating agency inquiries:
* Bond counsel
* Financial advisors
* Underwriters
* Rating agencies (Moody’s, S&P, Fitch)
* The Borough Administrator
* The Borough Attorney
2. All written communications (emails, memos, letters, or attached documents) exchanged between Borough officials and:
* Moody’s
* S&P
* Fitch
regarding credit ratings, rating updates, credit reviews, or inquiries.
3. All written communications (emails, memos, or attachments) between Borough officials and any financial advisory firm relating to:
* Debt issuance planning
* Borrowing strategy
* Interest rate guidance
* Rating preparation
* Financial disclosures
* Questions or concerns raised by advisory personnel
4. All email communications, including attachments, exchanged between the CFO and Borough Administrator relating to:
* Any proposed or adopted bond ordinance
* Debt service impact
* Borrowing justification
* Rating implications
* Debt issuance timing
(Only existing records are requested; no creation of new documents is required.)
5. All email communications between the Borough Attorney and any Borough official or outside professional concerning legal advice or procedural steps relating to municipal debt issuance, bond approvals, rating agency submissions, or compliance with debt-related requirements.
(This request seeks only the existence and content of communications; it does not seek privileged material, and OPRA requires redaction rather than denial.)
6. All documents or communications (emails, memos, attachments) containing any analysis, briefing, or preparation materials provided to elected officials relating to debt issuance, credit rating impact, or bond ordinance review.
These are discrete, identifiable government records maintained by the Borough in ordinary course. No explanation or creation of records is requested.
My preferred delivery method is email with attachments.
If you are not the custodian, please forward this request to the correct custodian immediately and notify me of their contact information.
Thank you,
John Certo
Good Afternoon,
We are in receipt of the Request below which has been forwarded to the appropriate Department(s).
Should you have any questions, please do not hesitate to contact our office.
Thank you,
OPRA Request @ Borough of Matawan
201 Broad Street
Matawan, New Jersey 07747
(732-566-3898)
*OPRA REQUESTS MUST BE SUBMITTED TO THE FOLLOWING EMAIL ADDRESS: [Matawan Borough request email]. OPRA requests will not be processed or honored unless you forward the request immediately to [Matawan Borough request email].
WARNING: Emails received or sent to Borough Officials are subject to the Open Public Records Act (OPRA). If you are in any way concerned about the contents of your email being read by someone other than the person(s) you are contacting, you should consider alternate ways of contacting them. Any and all submitted documents, emails, etc., will be retained by the Borough of Matawan in accordance with the New Jersey State Department of Treasury, Division of Revenue and Enterprise Services, Records Management Services, normal records retention schedule. They are government records within the meaning of the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.). Any request for access to them is subject to the Statue’s applicable exemptions and exclusions.
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