Demand for Production of Records
Dear Clerk,
Please accept this electronic request for public records made under OPRA and the common law right of access. Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., this letter constitutes a formal and legally binding request for the production and disclosure of public records. The following demand is made in accordance with the broad statutory intent of OPRA, the interpretive case law, and the affirmative duty of the Borough to act in good faith and with diligence in responding. 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.
Time Period:
January 1, 2024, through July 28, 2025
Requested Records:
Complete Electronic Communications Search
· All emails, text messages, Signal, WhatsApp, Telegram, and Facebook Messenger communications (including deleted or archived messages) sent or received by Mayor Daniel Francisco, Borough Council members John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque, Borough Clerk, Police Chief, and all Borough Department Heads from January 1, 2023, to July 28, 2025 that mention or reference “redevelopment”, “zoning”, “affordable housing”, “lawsuit”, “complaint”, “drug”, “alcohol”, “addiction”, “criminal history”, “cannabis”, “Main Street”, “Tennent Avenue”, Water Street”, “code”, “resign”, “resignation”, and “OPRA”.
This includes all borough-issued and personal devices/accounts used for official business, as required under Paff v. Galloway and Davison v. Randall.
Social Media Monitoring
All public and private posts, comments, and replies made by any Englishtown official or employee on Facebook, Instagram, TikTok, or X (Twitter) where borough business, residents, or public employees are discussed from January 1, 2024, to July 28, 2025, including:
o The criminal history, court matters, or legal status of any Englishtown resident
o Drug or alcohol use, addiction, or treatment involving residents
o Property maintenance, code violations, or aesthetic conditions related to residents’ homes
o Civil or criminal litigation involving Englishtown residents
o Any public commentary concerning the personal habits, lifestyle, behavior, reputation, or family situations of individual residents
o Including commentary on the “Englishtown Residents” Facebook page
o Inclusion of Personal Social Media Accounts:
§ This request explicitly includes any posts, comments, replies, or messages made by Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco from any personal social media accounts, including but not limited to Facebook, Instagram, Twitter/X, YouTube, Threads, TikTok, or private blogs, etc. if those accounts were used to discuss, comment on, or engage in: Borough business, residents, or municipal affairs.
§ Under applicable law, including Davison v. Randall, 912 F.3d 666 (4th Cir. 2019), and New Jersey OPRA precedent (Paff v. Galloway, Renna v. County of Union), when a public official uses a personal account to engage in public discourse or execute the functions of office, that content is subject to public records laws and First Amendment limitations.
§ Accordingly, you are directed to include:
· Screenshots, archived posts, private messages, links, downloads, including any preserved records of such posts or messages, or any form of content authored by Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco from personal accounts that address residents, municipal conditions, or public accusations or commentary
· Any records that reference, monitor, react to, or document Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco’s personal social media activity, or correspondence related to or reacting to such content
· Any resident complaints, legal concerns, or internal discussions regarding Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco’s online behavior
o The claim that such material originates from “personal” accounts does not exempt it from disclosure under OPRA when the content involves the conduct of public business or commentary that affects the rights, dignity, or standing of residents. Failure to include such content constitutes improper denial of access under OPRA and may trigger enforcement.
Executive Session and Council Records
All handwritten notes, memos, drafts, and audio/video recordings (including Zoom archives and backup files) of all Borough Council meetings, workshops, executive sessions, and Unified Planning & Zoning Board meetings between January 1, 2024 and July 28, 2025.
Include email chains discussing these sessions and any internal drafts of meeting minutes before final approval.
Financial, Vendor & Litigation Records
All vendor contracts, bids, invoices, payment receipts, and work orders relating to borough roads, lighting, redevelopment, and any Main Street, Tennent Avenue, and Water Street upgrades from January 1, 2024, to July 28, 2025.
All legal invoices, correspondence, and settlements involving Englishtown Borough or its employees during the same timeframe.
Internal Affairs and Law Enforcement Data
· All complaints, disciplinary records, or internal affairs reports (redacted where required) for any current or former Englishtown police officers from January 1, 2024, to July 28, 2025.
All Use-of-Force and Pursuit reports from the same time period.
All CAD (Computer Aided Dispatch) logs for Main Street, Tennent Avenue, and Water Street for the time period of January 1, 2024 through July 28, 2025.
Search Across All Borough-Issued Devices
A keyword search across all borough-issued computers, laptops, cell phones, and tablets (including those of Council, Police Department, and Clerk’s Office) for the terms:
“redevelopment”, “zoning”, “affordable housing”, “lawsuit”, “complaint”, “drug”, “alcohol”, “addiction”, “criminal history”, “cannabis”, “Main Street”, “Tennent Avenue”, Water Street”, “code”, “resign”, “resignation”, and “OPRA”
Please search all backup servers and archives for deleted or purged messages, including email server backups and PST files.
Redactions and Withholdings:
If any records are redacted or withheld, the Borough must:
· Cite the specific legal exemption
· Produce a Vaughn index or privilege log
· Provide redacted copies of all partially exempt records
· Avoid generalized denials (e.g., “privacy” or “deliberative process”) not supported by statute
Fee Notification:
My preferred delivery method for response(s) to this request is by E-mail as attachments. I am willing to pay reasonable costs for the production of records. However, please provide advance written notice if the cost will exceed $25.00, and suspend processing until I authorize the charges.
Please produce all records in searchable electronic format (PDF, MP4, MP3, or email exports with metadata preserved).
Notice of Legal Enforcement:
Failure to comply fully within seven (7) business days of receipt (N.J.S.A. 47:1A-5(i)) shall be construed as a denial of access, subject to legal action under N.J.S.A. 47:1A-6, including:
· Application for an order compelling disclosure
· Recovery of attorney’s fees and costs
· Inclusion of this request and your conduct in the administrative record
Should the Borough fail to respond, delay production, or produce insufficient records, I reserve the right to file a Verified Complaint in Superior Court, seek costs, fees, and judicial relief without further notice.
Please confirm receipt and assign a tracking number or reference code, if available. 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.
Sincerely,
Anonymous
Re: OPRA Request Dated July 28, 2025 – Demand for Compliance
Dear Records Custodian,
On July 28, 2025, I submitted an OPRA request for records including:
Complete Electronic Communications Search
• All emails, text messages, Signal, WhatsApp, Telegram, and Facebook Messenger communications (including deleted or archived messages) sent or received by Mayor Daniel Francisco, Borough Council members John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque, Borough Clerk, Police Chief, and all Borough Department Heads from January 1, 2023, to July 28, 2025 that mention or reference “redevelopment”, “zoning”, “affordable housing”, “lawsuit”, “complaint”, “drug”, “alcohol”, “addiction”, “criminal history”, “cannabis”, “Main Street”, “Tennent Avenue”, Water Street”, “code”, “resign”, “resignation”, and “OPRA”.
• This includes all borough-issued and personal devices/accounts used for official business, as required under Paff v. Galloway and Davison v. Randall.
Social Media Monitoring
• All public and private posts, comments, and replies made by any Englishtown official or employee on Facebook, Instagram, TikTok, or X (Twitter) where borough business, residents, or public employees are discussed from January 1, 2024, to July 28, 2025, including:
o The criminal history, court matters, or legal status of any Englishtown resident
o Drug or alcohol use, addiction, or treatment involving residents
o Property maintenance, code violations, or aesthetic conditions related to residents’ homes
o Civil or criminal litigation involving Englishtown residents
o Any public commentary concerning the personal habits, lifestyle, behavior, reputation, or family situations of individual residents
o Including commentary on the “Englishtown Residents” Facebook page
o Inclusion of Personal Social Media Accounts:
This request explicitly includes any posts, comments, replies, or messages made by Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco from any personal social media accounts, including but not limited to Facebook, Instagram, Twitter/X, YouTube, Threads, TikTok, or private blogs, etc. if those accounts were used to discuss, comment on, or engage in: Borough business, residents, or municipal affairs.
Under applicable law, including Davison v. Randall, 912 F.3d 666 (4th Cir. 2019), and New Jersey OPRA precedent (Paff v. Galloway, Renna v. County of Union), when a public official uses a personal account to engage in public discourse or execute the functions of office, that content is subject to public records laws and First Amendment limitations.
Accordingly, you are directed to include:
• Screenshots, archived posts, private messages, links, downloads, including any preserved records of such posts or messages, or any form of content authored by Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco from personal accounts that address residents, municipal conditions, or public accusations or commentary
• Any records that reference, monitor, react to, or document Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco’s personal social media activity, or correspondence related to or reacting to such content
• Any resident complaints, legal concerns, or internal discussions regarding Councilpersons John Alite, Janet Leonardis, Lou Sarti, Brenden Sharkey, Patsy Fiero & Alexi Reque & Mayor Daniel Francisco’s online behavior
o The claim that such material originates from “personal” accounts does not exempt it from disclosure under OPRA when the content involves the conduct of public business or commentary that affects the rights, dignity, or standing of residents. Failure to include such content constitutes improper denial of access under OPRA and may trigger enforcement.
Executive Session and Council Records
• All handwritten notes, memos, drafts, and audio/video recordings (including Zoom archives and backup files) of all Borough Council meetings, workshops, executive sessions, and Unified Planning & Zoning Board meetings between January 1, 2024 and July 28, 2025.
• Include email chains discussing these sessions and any internal drafts of meeting minutes before final approval.
Financial, Vendor & Litigation Records
• All vendor contracts, bids, invoices, payment receipts, and work orders relating to borough roads, lighting, redevelopment, and Main Street, Tennant Avenue, and Water Street upgrades from January 1, 2024, to July 28, 2025.
• All legal invoices, correspondence, and settlements involving Englishtown Borough or its employees during the same timeframe.
Internal Affairs and Law Enforcement Data
• All complaints, disciplinary records, or internal affairs reports (redacted where required) for any current or former Englishtown police officers from January 1, 2024, to July 28, 2025.
• All Use-of-Force and Pursuit reports from the same time period.
• All CAD (Computer Aided Dispatch) logs for Main Street, Tennent Avenue, and Water Street for the time period of January 1, 2024 through July 28, 2025.
Search Across All Borough-Issued Devices
• A keyword search across all borough-issued computers, laptops, cell phones, and tablets (including those of Council, Police Department, and Clerk’s Office) for the terms:
o “redevelopment”, “zoning”, “affordable housing”, “lawsuit”, “complaint”, “drug”, “alcohol”, “addiction”, “criminal history”, “cannabis”, “Main Street”, “Tennent Avenue”, Water Street”, “code”, “resign”, “resignation”, and “OPRA”.
Pursuant to N.J.S.A. 47:1A-5(i), the Borough of Englishtown is required to grant access, deny access, or request an extension within 7 business days. To date, I have not received any response or a detailed legal basis for any delay or denial. Please note:
• Failure to respond within the statutory time frame constitutes a “deemed denial” under OPRA.
• A records custodian may not delay requests arbitrarily. Any extension must be justified with specific reasons tied to retrieval or redaction.
If I do not receive a complete response or lawful denial within 3 business days, I will escalate this matter to the Government Records Council (GRC) or the Superior Court of New Jersey as allowed under N.J.S.A. 47:1A-6.
This letter serves as formal notice and final warning before I proceed with legal remedies.
Thank you for your prompt attention.
Yours faithfully,
Anonymous