Good morning,

 

Please accept this email on behalf of Sussex County,

 

The County is on receipt of your OPRA request for the following:

 

1. Closed Session Attendance and Participation

All sign‑in sheets, attendance rolls, attorney appearance logs,
participant lists, meeting minutes, and any formal or informal record
identifying individuals present during the September 4, 2025 SCBCC Special
Meeting Closed Session, including but not limited to legal counsel,
advisors, or outside attorneys including Ron Tappan and Richard Cushing,
Esq.

 

This information can be found at [1]Meeting Schedules - Sussex County

 

2. Authorization for Appearance of Richard Cushing, Esq.

All memoranda, directives, emails, letters, calendared requests, or
internal communications authorizing, approving, or acknowledging the
appearance or participation of Richard Cushing, Esq. at the September 4,
2025 meeting.

 

Request 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

 

3. Firm Affiliation and Representation Scope

All records identifying which contracted firm or entity Richard Cushing,
Esq. was representing, appearing on behalf of, or billing through at the
September 4, 2025 meeting, including any subcontracting, Of Counsel
designation, or pass‑through billing arrangement.

4. Billing Classification and Matter Codes

All records reflecting matter numbers, billing codes, client‑matter
identifiers, project codes, fund codes, or internal reference numbers
associated with the September 4, 2025 appearance of Richard Cushing, Esq.

5. Invoices and Time Entries

All invoices, billing statements, time entries, voucher submissions,
purchase orders, or payment records reflecting attorney time or charges
for attendance or legal work performed by Richard Cushing, Esq. for the
September 4, 2025 meeting.

6. Litigation Relationship Determination

All records or communications confirming whether attorney participation on
September 4, 2025, including that of Richard Cushing, Esq., related in any
way to litigation involving Coffey v. Sussex County Community College et
al., Case No. 2:25‑cv‑01264 (D.N.J.), or any related matters.

7. Joint Defense or Common Interest Participation

All common interest agreements, joint defense agreements, defense
coordination memoranda, or communications reflecting shared defense
strategy, cost‑sharing, or litigation coordination involving Richard
Cushing, Esq., Sussex County, or any Special Counsel firms. 

8. Funding Source Confirmation

All records confirming whether the participation or legal work of Richard
Cushing, Esq. on September 4, 2025 was funded, billed, reimbursed, or
charged under any Special Counsel Contract Extension approved since Jan 1,
2023 or any related legal services contract, purchase order, or county
budget line.

 

Items 3-8 are denied as too broad as any and all. 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).

 

Moreover, 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

 

 

 

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: Sussex Watch Network (SWN)
<[OPRA #83243 email]>
Sent: Monday, November 10, 2025 11:06 AM
To: Serena DiMaso <[Sussex County request email]>
Subject: OPRA request - Disclosure of Richard Cushing, Esq.’s Legal
Authority, Defense Role, Conflict Review, and Public Payment Records —
September 4, 2025 SCBCC Closed Session

 

 

November 10, 2025

County Administrator’s Office

Sussex County Board of County Commissioners

1 Spring Street, First Floor

Newton, NJ 07860

 

Re: Open Public Records Act Request – Disclosure of Richard Cushing,
Esq.’s Legal Authority, Defense Role, Conflict Review, and Public Payment
Records — September 4, 2025 SCBCC Closed Session

 

Dear Records Custodian:

 

Pursuant to the New Jersey Open Public Records Act (“OPRA”), N.J.S.A.
47:1A-1 et seq., and the strong presumption of access reaffirmed in
Burnett v. County of Bergen, 198 N.J. 408 (2009), I hereby request access
to and copies of the following government records held by Sussex County.
As affirmed in Asbury Park Press v. County of Monmouth, 406 N.J. Super. 1
(App. Div. 2009), ambiguities must be resolved in favor of disclosure, and
exemptions narrowly construed.

 

Records Requested

1. Closed Session Attendance and Participation

All sign‑in sheets, attendance rolls, attorney appearance logs,
participant lists, meeting minutes, and any formal or informal record
identifying individuals present during the September 4, 2025 SCBCC Special
Meeting Closed Session, including but not limited to legal counsel,
advisors, or outside attorneys including Ron Tappan and Richard Cushing,
Esq.

 

2. Authorization for Appearance of Richard Cushing, Esq.

All memoranda, directives, emails, letters, calendared requests, or
internal communications authorizing, approving, or acknowledging the
appearance or participation of Richard Cushing, Esq. at the September 4,
2025 meeting.

 

3. Firm Affiliation and Representation Scope

All records identifying which contracted firm or entity Richard Cushing,
Esq. was representing, appearing on behalf of, or billing through at the
September 4, 2025 meeting, including any subcontracting, Of Counsel
designation, or pass‑through billing arrangement.

 

4. Billing Classification and Matter Codes

All records reflecting matter numbers, billing codes, client‑matter
identifiers, project codes, fund codes, or internal reference numbers
associated with the September 4, 2025 appearance of Richard Cushing, Esq.

 

5. Invoices and Time Entries

All invoices, billing statements, time entries, voucher submissions,
purchase orders, or payment records reflecting attorney time or charges
for attendance or legal work performed by Richard Cushing, Esq. for the
September 4, 2025 meeting.

 

6. Litigation Relationship Determination

All records or communications confirming whether attorney participation on
September 4, 2025, including that of Richard Cushing, Esq., related in any
way to litigation involving Coffey v. Sussex County Community College et
al., Case No. 2:25‑cv‑01264 (D.N.J.), or any related matters.

 

7. Joint Defense or Common Interest Participation

All common interest agreements, joint defense agreements, defense
coordination memoranda, or communications reflecting shared defense
strategy, cost‑sharing, or litigation coordination involving Richard
Cushing, Esq., Sussex County, or any Special Counsel firms.

 

8. Funding Source Confirmation

All records confirming whether the participation or legal work of Richard
Cushing, Esq. on September 4, 2025 was funded, billed, reimbursed, or
charged under any Special Counsel Contract Extension approved since Jan 1,
2023 or any related legal services contract, purchase order, or county
budget line.

 

Production Requirements and Legal Notice

 

Format:

All records must be produced in native electronic format with metadata
intact (e.g., .msg, .eml, .xlsx, searchable .pdf). Image‑only or flattened
files are non‑compliant. Bent v. Stafford Police Dep’t, 381 N.J. Super. 30
(App. Div. 2005).

 

Redactions and Privilege Claims:

If any portion is withheld, a detailed Vaughn‑style log must be provided
identifying the record, sender, recipients, date, and statutory exemption.
Paff v. Galloway Twp., 229 N.J. 340 (2017). Billing and attorney identity
records are not privileged. O’Boyle v. Borough of Longport, 218 N.J. 168
(2014); North Jersey Media Group v. Lyndhurst, 229 N.J. 541 (2017).

 

Preservation Notice:

You are hereby placed on formal notice to preserve all responsive emails,
calendars, billing records, portal entries, written notes, and related
electronic or cloud‑stored materials. Deletion or alteration may
constitute spoliation.

 

Deadline:

A response is required within seven (7) business days pursuant to N.J.S.A.
47:1A‑5(i). Non‑response constitutes a deemed denial. Mason v. City of
Hoboken, 196 N.J. 51 (2008).

 

Delivery:

Records shall be delivered via electronic upload, secure link, or email
attachments.

 

Fees:

Provide an itemized estimate in advance. Excessive fees will be
challenged.

This request is made in the public interest concerning the expenditure of
public funds, attorney retention, and litigation governance. It is not
made for commercial purposes.

Failure to comply may result in enforcement before the Government Records
Council or Superior Court, including penalties and fee shifting. N.J.S.A.
47:1A‑11, 47:1A‑6.

 

Yours faithfully,

Sussex Watch Network (SWN)

 

-------------------------------------------------------------------

 

Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:

[4][OPRA #83243 email]

 

Is [5][Sussex County request email] the wrong address for OPRA requests to Sussex
County? If so, please contact us using this form:

[6]https://opramachine.com/change_request/n...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[7]https://opramachine.com/help/officers

 

View this OPRA request & responses online:

[8]https://opramachine.com/request/disclosu...

 

 

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."

 

show quoted sections