Dear Englishtown Borough,

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-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.

Records requested:

ECORDS REQUEST UNDER N.J.S.A. 47:1A-1 ET SEQ. (OPRA) AND COMMON LAW

Dear Ms. Calise,

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, I am requesting copies of the following government records:

Executive Session (Closed Session) Minutes for the Englishtown Borough Council meeting held on April 24, 2024, specifically those portions pertaining to the litigation of McCarthy v. Borough of Englishtown, et al. (Docket No. MON-L-003567-23).

Executive Session (Closed Session) Minutes for the Englishtown Borough Council meeting held on May 22, 2024, specifically those portions pertaining to the authorization of the $600,000 settlement in McCarthy v. Borough of Englishtown, et al.

Resolution 2024-080 (or the accurately numbered resolution) authorizing the execution of the settlement agreement and the payment of the $50,000 JIF deductible.

Legal Note on Confidentiality: As the litigation in MON-L-003567-23 has reached a final judgment and all settlement funds have been authorized/disbursed, the "pending litigation" and "attorney-client" exceptions under N.J.S.A. 10:4-12(b)(7) no longer apply. New Jersey courts have consistently held that once the need for confidentiality has passed, closed session minutes must be made available to the public.

Please note:

"Under the Government Records Council (GRC) rulings and the Appellate Division decision in Payton v. New Jersey Turnpike Authority, once a matter is concluded, the executive session minutes lose their protective status. If the minutes are 'unapproved,' I request the draft version, which is a disclosable record once the meeting has occurred."

Please provide these records in electronic format (PDF) via email. If the documents are available digitally, I request a waiver of all fees. If there are costs associated with this request, please notify me if they exceed $5.00.

I look forward to your response within the statutory seven (7) business days.

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,

Anonymous