Dear Neptune Township,

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 a particular software platform to submit my request per NJSA 47:1A-5(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.

Records requested:

Please send your response in PDF format.

I seek the June 2026 (breakdown by pay periods) payroll record(s) for each employee of your municipality. Please also provide each employee’s name, title, salary, and length of service pursuant to N.J.S.A. 47:1A-10.

Please include a Vaughn index with your response.
*A Vaughn index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. 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.

Yours faithfully,

ASK NJ Media

Dear William Bray,

Thank you for your response.

I respectfully disagree that my electronic OPRA request is incomplete.

I respectfully request that you confer with Township Attorney Lester Taylor regarding the Township’s interpretation of the revised OPRA statute before determining that my request is incomplete.

My OPRA request was submitted pursuant to N.J.S.A. 47:1A-5(f) as a written equivalent request and included the certifications required by the revised statute, a specific description of the government records sought, my preferred method of delivery, and my email address for correspondence.

I also note that the New Jersey Government Records Council’s Handbook for Records Custodians explains that an OPRA request may be submitted by letter or email in lieu of the official request form, provided it contains the information required on the adopted form. The Handbook also recognizes electronic requests submitted through third-party platforms such as OPRAmachine and explains that anonymous requestors may submit OPRA requests, and that such requests are not considered incomplete solely because they are anonymous.

If the Township maintains that my request is legally incomplete under the revised OPRA statute, I respectfully request that the Township identify the specific statutory language upon which it relies. I also respectfully request that you identify any published Government Records Council decision or judicial opinion supporting that interpretation of N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(i)(1).

In the meantime, I respectfully request that the Township process my OPRA request in accordance with OPRA. Based on my understanding that my request constitutes a complete written equivalent request, I understand the statutory response deadline to be Monday, August 10, 2026, absent a lawful extension or other response authorized by OPRA.

Thank you for your time and consideration.

Respectfully,

ASK NJ Media

Dear William Bray,

I also note that the official statewide Government Records Council (GRC) established OPRA request form, adopted for use by public agencies, does not contain a designated field or checkbox for a requestor to indicate that a request is being submitted anonymously. If the Township contends that an affirmative designation of anonymity is required for either an electronic written equivalent request or the official Government Records Council (GRC) established request form, I respectfully request that you identify the specific statutory provision, published Government Records Council decision, or judicial opinion establishing that requirement.

Yours sincerely,

ASK NJ Media

Dear William Bray,

One question remains unanswered.

Could you please identify where, on the official Government Records Council statewide approved OPRA request form or the Township’s adopted request form, a requestor is instructed to affirmatively state that a request is being made anonymously if the requestor elects not to provide identifying information?

I have reviewed the approved form and have been unable to locate any instruction, field, checkbox, or other designation requiring such a statement.

If, as you contend, such a declaration is required, it would appear that the approved request form itself does not provide a means for requestors to comply with that ‘alleged’requirement.

In the meantime, I respectfully request that the Township process my OPRA request in accordance with OPRA. Based on my understanding that my request constitutes a complete written equivalent request, I believe the statutory response deadline remains Monday, August 10, 2026, absent a lawful extension, lawful denial, or other response authorized by OPRA.

Thank you for your time and consideration.

Respectfully,

ASK NJ Media

Dear William Bray,
Thank you for your response.

I respectfully disagree that my electronic OPRA request is incomplete.

I respectfully request that you confer with Township Attorney Lester Taylor regarding the Township’s interpretation of the revised OPRA statute before denying my request as incomplete.

I have reviewed page five, items 3 and 4 of the approved OPRA request form again.

Item 4 states that requestors may submit requests anonymously and that anonymous requests shall not be considered incomplete. It further explains the legal consequences if a requestor elects not to identify themselves accurately or provide an accurate address, e-mail address, or telephone number.

However, I remain unable to locate any language on the approved form, or within the text of items 3 and 4, requiring a requestor to affirmatively state that a request is “anonymous.” Nor does the form provide a field, checkbox, or instruction for making such a declaration.

My request included an accurate e-mail address for correspondence and otherwise contained the information necessary to identify the records sought and my preferred method of delivery.

Accordingly, I respectfully maintain my position that my written equivalent request complies with N.J.S.A. 47:1A-5(f). If the Township nevertheless maintains that OPRA requires an affirmative declaration of anonymity despite the absence of such language in the approved request form, I respectfully request that the Township identify the specific statutory provision, published Government Records Council decision, or judicial opinion that establishes that requirement.

In the meantime, I respectfully request that the Township process my OPRA request in accordance with OPRA. Based on my understanding that my request constitutes a complete written equivalent request, I understand the statutory response deadline to be Monday, August 10, 2026, absent a lawful extension or other response authorized by OPRA.

Thank you for your time and consideration.

Respectfully,

ASK NJ Media

Dear William Bray,

For your reference, I am including the relevant language again from Sections 3 and 4 on page 5 of the Government Records Council (GRC) state-approved OPRA request form.

Section 3

Requestors are not required to use this OPRA request form; however, a written equivalent not containing the form requirements of N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g) may be denied by a custodian.

Section 4

Requestors may submit requests anonymously. A request submitted anonymously shall not be considered incomplete. N.J.S.A. 47:1A-5(f). If you elect not to identify yourself accurately or provide an accurate address, e-mail address, or telephone number, the custodian is not required to respond until you reappear before the custodian seeking a response to the original request. Further, anonymous requestors are prohibited from filing a complaint with either the GRC or the Courts. N.J.S.A. 47:1A-6.

These provisions make clear that OPRA requests may be submitted anonymously and that an anonymous request is not considered incomplete.

I submitted my OPRA request electronically as a written equivalent to the GRC state-approved OPRA request form and included an accurate email address for purposes of correspondence. It contains the information required under N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g) and therefore constitutes a valid OPRA request under the statute.

I remain unable to locate any language on the approved form, or within the text of Sections 3 and 4, requiring a requestor to affirmatively state that a request is “anonymous.” Nor does the form provide a field, checkbox, or instruction directing a requestor to make such a declaration.

Accordingly, if you are aware of any statutory provision, regulation, GRC guidance, or controlling legal authority that imposes such a requirement, I would appreciate your identifying it.

I also appreciated the professional conversation I had with your Business Manager, Mr. Manning, despite our differing interpretations of certain aspects of the 2024 amendments to OPRA. I recognize that neither of us created any ambiguity that may exist in those amendments.

Notably, the GRC-approved request form expressly requires affirmative responses to Questions 2 and 3. Those questions require the requestor to certify whether they “WILL/WILL NOT” use the requested records for a commercial purpose and whether they “AM/AM NOT” seek records in connection with a legal proceeding. Question 1, by contrast, has never required an affirmative certification.

Likewise, neither the statute nor the GRC-approved request form contains any certification, checkbox, field, or instruction requiring a requestor to affirmatively declare that a request is “anonymous.” If the Legislature or the GRC intended to impose such a requirement, one would reasonably expect the approved form to expressly say so, just as it expressly requires certifications for Questions 2 and 3.

In the meantime, I respectfully request that the Township process my OPRA request in accordance with OPRA. Based on my understanding that my request constitutes a complete written equivalent request, I understand the statutory response deadline to be Monday, August 10, 2026, absent a lawful extension or other response authorized by OPRA.

Thank you for your time and consideration.

Respectfully,

ASK NJ Media

On Jul 31, 2026, at 6:37 PM, William Bray <[email address]> wrote:

Good afternoon,
We are responding to your requests of July 30 and July 31 2026.
As previously discussed, under the recently revised New Jersey Open Public Records Act, a new requirement was established that states any requestor who chooses not to use the approve OPRA request form, must provide all of the information requested on the approved form including Name, Address, email, and telephone number or the Records Custodian may consider your request incomplete and reject it. However, if the requestor indicates their request is anonymous, an incomplete form is not grounds to reject an anonymous request. The Township attempted to either get all of the information required by the approved form or your acknowledgement that the request is anonymous. You declined to provide the requested clarification. Therefore, the township’s position is that your request is incomplete and therefore is rejected.

Additionally, in both requests, you asked for the employees title, salary and length of service. Requestors are not allowed to request the same records multiple times. These records have not changed between July 30 and July 31. Therefore that portion of your July 31 request is also rejected on the grounds that it is a duplicative request.

It is important to state that the records requested are public records. It is also important to state that an OPRA request is not required to gain access to a public record. OPRA is a requirement upon the government agency to produce, not a requirement upon a requestor to gain access. The Township stated to you that you are entitled to these records whether the request is anonymous or not. The Township strives to be transparent in its operations and wishes to provide these requested public records. Therefore, despite your failure to adhere to the statutory requirements of OPRA, the Township is producing these records in furtherance of this goal. Formally, under OPRA, your request is denied.

William Bray, RMC
Township Clerk
TOWNSHIP OF NEPTUNE
25 Neptune Boulevard
Neptune, NJ 07753
[email address]
732-988-5200 extension 234

——————————————————————————

JEN COOMBS. 9:45PM
To: William Cc: James, Leslie >

Re: OPRA Requests

Mr. Bray,

Thank you for your response.

I respectfully disagree with several aspects of Neptune Township’s determination.

First, with respect to the Township’s position that my requests were incomplete, both requests clearly identified me as the requestor and provided sufficient information to identify me, communicate with me, and process my requests. The Township was able to correspond with me regarding both requests and has now indicated that it intends to produce the requested records. Under these circumstances, I respectfully question the basis for concluding that my requests were so incomplete as to warrant denial.

As reflected in my prior correspondence, I explained why I believe my electronic requests constitute valid written equivalent requests under N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g). I also explained that I have been unable to identify any provision in the statute, the Government Records Council (GRC) state-approved OPRA request form, or controlling legal authority requiring a requestor to affirmatively declare that a request is “anonymous.” To date, I have not received a response identifying any such statutory provision, regulation, GRC guidance, or controlling legal authority. Accordingly, I respectfully continue to believe that my requests complied with the revised 2024 OPRA statute.

It is my understanding that I have consistently complied with the revised 2024 OPRA statute in the OPRA requests I have submitted to various New Jersey public agencies, including Neptune Township, since the amendments took effect. Based on my reading of the statute and my experience submitting requests under the revised law, I believe my requests comply with the statutory requirements. Accordingly, I respectfully believe Neptune Township may be misinterpreting the revised 2024 OPRA statute as it applies to my requests.

Second, I respectfully disagree with your determination that any portion of my July 31, 2026 request is duplicative.

My July 30 request sought June 2026 payroll records. My July 31 request sought May 2026 payroll records. These are separate public records covering different time periods. For your convenience, I have attached screenshots of both OPRAmachine requests showing that one request sought June 2026 payroll records and the other sought May 2026 payroll records.

While both requests ask for each employee’s name, title, salary, and length of service, those requests are made in connection with two separate monthly payroll record requests. Requesting payroll records for different months does not become a duplicate request simply because some employee information may appear in both responses.

Your email states that “these records have not changed between July 30 and July 31.” Respectfully, the relevant issue is not whether employee information changed between the dates the requests were submitted, but that the requested payroll records pertain to different months—May 2026 and June 2026.

Accordingly, I respectfully request that Neptune Township reconsider its determination that any portion of my July 31 request is duplicative.

Finally, I note that your email states:

“The Township strives to be transparent in its operations and wishes to provide these requested public records. Therefore, despite your failure to adhere to the statutory requirements of OPRA, the Township is producing these records… Formally, under OPRA, your request is denied.”

I respectfully request clarification regarding this determination. If Neptune Township has concluded that these are public records and is producing them in response to my requests, I do not understand the legal basis for simultaneously issuing a formal denial under OPRA. Please clarify the legal basis for denying the requests while at the same time producing the responsive records.

Please also confirm that Neptune Township will be producing the complete responsive records for both the May 2026 and June 2026 payroll requests, including all responsive payroll records and the requested employee information.

If we are unable to resolve these issues, I am considering consulting with an attorney who has represented me in prior OPRA litigation. In previous OPRA cases involving various New Jersey government agencies, I have successfully obtained relief through the courts. My preference, however, is to resolve this matter without the need for litigation or the filing of a complaint with the Government Records Council. I believe resolving this matter cooperatively is in the best interest of both the Township and its taxpayers.

I am also concerned that the Township’s interpretation of the revised 2024 OPRA statute could establish a precedent for denying otherwise lawful OPRA requests submitted by me or other requesters in the future. As stated above, I respectfully believe Neptune Township may be misinterpreting the revised 2024 OPRA statute. If my understanding of the statute is correct, then I believe the Township’s interpretation would result in the unlawful denial of otherwise lawful OPRA requests.

Thank you for your time and consideration. I look forward to your response.

Respectfully,

Jennifer Coombs
ASK NJ Media

Dear William Bray,
Please respond by sending the June payroll records to this specific email address if you intend to provide them. Otherwise, I will consider your non-response to be an official denial of the request on behalf of the Township.

Yours sincerely,

Jennifer Coombs
ASK NJ Media