Good afternoon,

Please accept this email on behalf of Sussex County.

 

The County is in receipt of your OPRA request or the following:

 1. Resignation Materials

• A complete copy of Ronald L. Tappan’s resignation letter or any written
notice of intent to resign, effective on or about October 15, 2025 to
October 31, 2025;

• Any related separation agreement, severance authorization, or employment
termination correspondence issued or received by Sussex County between
October 1, 2025 and November 6, 2025.

 

 2. Appointment Records

• A copy of the Board of County Commissioners’ resolution or motion
appointing Christina Marks as Interim County Administrator;

• The meeting agenda, minutes, or closed-session certification in which
such appointment was discussed or approved; and

• Any memorandum or correspondence confirming her assumption of
administrative authority.

 

 3. Internal and Interagency Communications

• Any emails, memoranda, or correspondence (including attachments)
exchanged between County Administration, Human Resources, County Counsel,
or the County’s insurance representatives referencing or discussing the
County Administrator transition during the period October 15 through
November 1, 2025.

 

As to Item 1(a) and 2(a) please see the documents attached.  As to 1(b)
and 2(c) those requests are denied as too broad a request. Please see;
Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005): The
Court affirmed the GRC’s decision (GRC Complaint No. 2004-78) that the
complainant’s request was broad and unclear (“any and all”). The Council
ruled that the information sought did not amount to an identifiable
government record. And  MAG Entm’t, LLC v. Div. of Alcohol Beverage
Control, 375 N.J. Super. 534 (App. Div. 2005): The Court held that
“[w]hile OPRA provides an alternative means of access to government
documents not otherwise exempted from its reach, it is not intended as a
research tool litigants may use to force government officials to identify
and siphon useful information. Rather, OPRA simply operates to make
identifiable government records ‘readily accessible for inspection,
copying, or examination.’ N.J.S.A. 47:1A-1.” (emphasis added). The Court
further held that “[u]nder OPRA, agencies are required to disclose only
‘identifiable’ government records not otherwise exempt . . . In short,
OPRA does not countenance open-ended searches of an agency's files.” Id.
at 549 (emphasis added).

As to item 2(b) it is denied as these minutes need to be formally adopted
and are not yet available, however you can find all adopted meeting
minutes when available at [1]Meeting Schedules - Sussex County

As to item 3 it is also denied. Please see. Elcavage v. West Milford Twp.
(Passaic), GRC Complaint No. 2009-07 (April 2010): The Council held that
“an OPRA request for an e-mail or e-mails shall therefore focus upon the
following four (4) characteristics: • Content and/or subject • Specific
date or range of dates • Sender • Recipient.

Also as of September 3, 2024, the OPRA laws were amended. The new
amendments prohibit a party to a legal proceeding from filing an OPRA
request, if the records sought are the subject of a court order or pending
discovery request. It is our good faith belief that this request is in
fact being made by a party to a current legal proceeding. Therefore, each
of the aforementioned requests, in addition to any and every other request
not otherwise specifically reflected herein, is denied under N.J.S.A.
47:1A-1.1

 

Thank you,

 

Serena DiMaso, Esq

 

Florio, Perrucci, Steinhardt, Cappelli & Tipton LLC

91 Larry Holmes Dr.

Easton, PA 18042

 

Cell: 848.893.6669

 

[2][email address] / [3]www.floriolaw.com

Licensed in NYS

 

 

 

 

STATEMENT OF CONFIDENTIALITY: The information contained in this
transmission including any attached documentation is privileged and
confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution or copy of
this communication is strictly prohibited. If you have received this
communication in error, please notify Florio Perrucci Steinhardt Cappelli
& Tipton LLC immediately by replying to this e-mail. Please delete all
copies of this message and any attachments immediately.

 

From: Chalkbeat News
<[OPRA #83120 email]>
Sent: Thursday, November 6, 2025 1:51 PM
To: Serena DiMaso <[Sussex County request email]>
Subject: OPRA request - County Administrator Resignation

 

 

Please accept this electronic request for government records made pursuant
to the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) and
the common law right of access. This request is submitted by a resident of
the State of New Jersey. I am not required to complete a specific form or
use a proprietary platform to make this request, per 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 records for a commercial purpose.

I am not seeking records in connection with a pending legal proceeding.

 

Please provide the following public records relating to the recent
transition in the position of County Administrator, specifically involving
Mr. Ronald L. Tappan and Ms. Christina A Marks:

Resignation Materials

• A complete copy of Ronald L. Tappan’s resignation letter or any written
notice of intent to resign, effective on or about October 15, 2025 to
October 31, 2025;

• Any related separation agreement, severance authorization, or employment
termination correspondence issued or received by Sussex County between
October 1, 2025 and November 6, 2025.

 

Appointment Records

• A copy of the Board of County Commissioners’ resolution or motion
appointing Christina Marks as Interim County Administrator;

• The meeting agenda, minutes, or closed-session certification in which
such appointment was discussed or approved; and

• Any memorandum or correspondence confirming her assumption of
administrative authority.

 

Internal and Interagency Communications

• Any emails, memoranda, or correspondence (including attachments)
exchanged between County Administration, Human Resources, County Counsel,
or the County’s insurance representatives referencing or discussing the
County Administrator transition during the period October 15 through
November 1, 2025.

 

Thank you for your prompt attention to this matter. Please confirm receipt
of this request.

Respectfully submitted,

Chalkbeat News

via OPRAMachine

 

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[4][OPRA #83120 email]

 

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Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

 

"OPRAmachine’s mission is to give people easy and affordable access to New
Jersey public records.

For more information, contact us at: ‪(732) 707-1628 or PO Box 3180, New
Brunswick, NJ 08903."

 

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STATEMENT OF CONFIDENTIALITY: The information contained in this
transmission including any attached documentation is privileged and
confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution or copy of
this communication is strictly prohibited. If you have received this
communication in error, please notify Florio Perrucci Steinhardt Cappelli
& Tipton LLC immediately by replying to this e-mail. Please delete all
copies of this message and any attachments immediately.

References

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