Town Clerk
Town of Newton

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 N.J.S.A. 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 (Town of Newton)
1. Tender / Notice to SIF and Insurers
All correspondence, letters, emails, notices of claim, incident reports, or tenders from the Town of Newton (including the Clerk, Town Manager, Risk Manager, Municipal Attorney, Police Department, or any Town official) to the Statewide Insurance Fund (SIF), D&H Alternative Risk Solutions, any SIF fund attorney, or any insurer relating to any notice of claim, incident, or lawsuit involving or referring to:
Plaintiff Lee Coffey;

any Newton police officer (including but not limited to Steven Van Nieuwland, Steven Siek, Eric Soroka, and Judy Torres); or

any claim referencing “Coffey,” “Coffey v. Newton,” “Coffey v. Sussex County,” or any claim number assigned by SIF, D&H, or any third-party administrator in connection with the foregoing.

This request includes, but is not limited to, any Acord forms, incident notices, claim submission forms, or email transmittals attaching a complaint or demand.

2. Responses from SIF / Insurers
All correspondence, emails, letters, or other written communications received by the Town of Newton from SIF, D&H Alternative Risk Solutions, any SIF fund attorney, or any insurer concerning:
the assignment, selection, or approval of defense counsel for the Town of Newton or any Newton police officer in any matter involving Plaintiff;

the appointment of special counsel or panel counsel in connection with Plaintiff-related claims;

coverage analysis, reservation of rights, or denial/acceptance of defense;

3. McGivney, Kluger, Clark & Intoccia, P.C. – Invoices and Payments
All invoices, billing statements, vouchers, purchase orders, payment authorizations, or reimbursement records involving McGivney, Kluger, Clark & Intoccia, P.C. (or any of its attorneys, including Thomas E. Emala) for representation of:
the Town of Newton;

Newton Police Department personnel (including but not limited to Van Nieuwland, Siek, Soroka, and Torres); or

any matter (including electronic correspondence) referencing "Coffey" in any form.

This includes, without limitation, any invoices paid directly by the Town, as well as any invoices paid by SIF and then processed or recorded by the Town for bookkeeping purposes.

4. Closed-Session / Executive-Session Records
All closed-session minutes, executive-session minutes, memoranda, drafts, attorney-client summaries, or executive-session agendas from January 1, 2024 to present where any of the following topics were discussed:
Plaintiff Lee Coffey;

Newton Police Department actions relating to Plaintiff;

the federal civil-rights litigation involving Plaintiff and Newton or its officers;

SIF involvement or claim assignment in connection with Plaintiff-related matters;

the selection, appointment, or retention of defense counsel (including McGivney, Kluger, Clark & Intoccia, P.C.);

any conflict-of-interest or ethics concerns relating to Town Manager Thomas S. Russo.

To the extent redactions are claimed based on privilege, please produce redacted copies and provide a privilege log as described below.

5. Conflict-of-Interest / Ethics Records
All documents reflecting any conflict-of-interest analysis, ethics review, recusal memorandum, advisory opinion, or internal discussion pertaining to:
Thomas S. Russo’s simultaneous roles as Town Manager of Newton and Chair of the Statewide Insurance Fund Executive Committee; and

whether this dual role affects or could affect any litigation, counsel appointment, claim handling, or decision-making in matters involving Plaintiff Lee Coffey or Newton police officers.

This includes internal emails, attorney memoranda, handwritten notes, ethics-inquiry documents, correspondence with the Municipal Attorney, or any document submitted to or received from any ethics body or advisory authority.

6. Correspondence with McGivney, Kluger, Clark & Intoccia, P.C.
All correspondence, emails, letters, or written communications between the Town of Newton (including the Clerk, Town Manager, Municipal Attorney, or any Town official) and McGivney, Kluger, Clark & Intoccia, P.C. relating to:
representation of the Town of Newton or any Newton police officer;

counsel appointment or selection by SIF or any insurer;

any matter referencing Plaintiff Lee Coffey or the above-described claims.

7. SIF Claim Numbers and Related Records
Any documents maintained by the Town that identify the SIF claim number(s) or related identifiers assigned to Plaintiff-related matters, including but not limited to:
claim intake sheets;

acknowledgment letters from SIF or D&H;

loss notices or Acord forms;

adjuster communications or status reports;

internal forwarding records or routing emails attaching SIF or D&H correspondence.

Delivery Format
My preferred delivery method for responses to this request is by email as PDF attachments. Please confirm you have received this request. If you are not the custodian of some or all of these records, please forward my request to the appropriate custodian(s) and provide their email address(es) for future reference.

Privilege Notice
This request seeks non-privileged government records. To the extent the Town asserts any privilege, OPRA requires production of a privilege log sufficiently describing each withheld document, including:
document type;

Failure to provide a privilege log constitutes an unlawful denial under OPRA.

Thank you for your prompt attention to this request.
Sincerely,
Regulatory Compliance.