Dear Matawan 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:

Pursuant to the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), I request all metadata, version history, server logs, audit trails, and electronic records associated with the Borough Administrator’s calendar and leave records for October 2025, including but not limited to the period October 27–31, 2025.

This includes all system-generated metadata (creation timestamps, modification timestamps, deletion timestamps, creator user ID, modifier user ID, access history, file path, storage location, file hash values), and all Microsoft 365, Exchange, Outlook, or other applicable system audit logs showing creation, modification, deletion, exporting, or accessing of calendar entries or leave records, including user accounts, IP addresses, device identifiers, and administrative actions.

This also includes all backups, snapshots, archived versions, version history records, retention files, eDiscovery copies, or Microsoft 365 Compliance Center data reflecting earlier or modified versions of the same calendar entries or leave records.

Additionally, I request all IT logs, help desk tickets, administrative actions, internal IT correspondence, or activity reports reflecting access, export, review, or modification of the Borough Administrator’s calendar or leave records at any time on or after October 27, 2025.

Please conduct a reasonable and comprehensive search across all Borough systems, including Microsoft 365, Exchange, HR/payroll databases, IT vendor systems, backup systems, archive systems, or any location where such records are ordinarily maintained.

If any record contains exempt information, please redact only the exempt portions and release the remainder pursuant to Asbury Park Press v. County of Monmouth, 406 N.J. Super. 1 (App. Div. 2009). Blanket denials are not permitted.

If any responsive record does not exist, please provide a certification of non-existence pursuant to N.J.S.A. 47:1A-5(g). If any record is withheld, please state the specific statutory basis for each withholding and identify the name and title of the official responsible for the denial.

This request serves as formal notice to preserve all responsive electronic records. Destruction, alteration, overwriting, or failure to retain records during an active OPRA request is prohibited under N.J.S.A. 47:1A-9(a).

Please provide all responsive records electronically via email in native or PDF format, within the statutory seven-business-day deadline of N.J.S.A. 47:1A-5(i). Please also confirm receipt for tracking purposes.

John Certo

Records Custodian Wynne,

This message concerns your delay in responding to my OPRA request titled “OPRA Request – Metadata, Audit Logs, Version History & Electronic Records for Borough Administrator Calendar and Leave Records (October 2025).” The delay you asserted is not permitted under the New Jersey Open Public Records Act for the following reasons:

1. OPRA requires a response within 7 business days.
N.J.S.A. 47:1A-5(i) mandates that a custodian must grant access or deny a request no later than 7 business days after receipt. Your office marked the request received on 11-25-25. This statutory deadline is mandatory and cannot be extended for reasons outside the scope of the Act.

2. Extensions are lawful only when justified and specific.
Under Burnett v. County of Gloucester, 415 N.J. Super. 506 (App. Div. 2010), an extension is only valid if you provide:
a. a specific factual explanation,
b. a statutory basis under OPRA, and
c. a firm date certain for the final response.
General statements such as “we need more time,” “this is complex,” or “under review” do not satisfy OPRA.

3. Internal administrative issues are not valid reasons for delay.
The Government Records Council has held that staffing shortages, workload, interdepartmental coordination, holidays, or pending IT actions are not lawful bases for delay.
Paff v. NJ DOC (GRC 2008-187) and Bent v. Stafford Police Dept. (GRC 2005-180) make this clear.

4. Electronic records cannot be delayed based on format or location.
N.J.S.A. 47:1A-5(d) prohibits delay due to the medium in which records are stored. Metadata, audit logs, version history, and backups are system-generated and retrievable without discretionary review.

5. Partial production is required immediately.
If any responsive records are available, OPRA requires immediate partial release.
Shore Builders Ass’n v. Jackson (GRC 2007-284).

6. Record preservation is mandatory while an OPRA request is pending.
My request expressly required preservation of all logs, metadata, audit trails, backups, and electronic records. Under N.J.S.A. 47:1A-9(a), no government record may be altered, deleted, overwritten, or destroyed while an OPRA request is pending.

7. This request is protected by state and federal law.
Requesting public records is protected activity under:

* OPRA (N.J.S.A. 47:1A-1 et seq.)
* First Amendment to the United States Constitution
* Article I, Paragraph 18 of the New Jersey Constitution
* New Jersey Civil Rights Act (N.J.S.A. 10:6-1 et seq.)
Any action that burdens, delays, obstructs, or retaliates against a requester is unlawful.

Based on the above, please do the following:

1. Provide a legally valid extension, if applicable, containing a specific factual justification, a statutory basis, and a firm date certain, as OPRA requires.
2. Produce all records currently available immediately, including all metadata, logs, version history, backups, and calendar-related system entries.
3. Confirm ongoing preservation of all responsive electronic records, including logs that may be overwritten on automated retention schedules.

Failure to comply may constitute an unlawful denial under OPRA. Remedies include attorney fees and civil penalties for knowing and willful violations under N.J.S.A. 47:1A-11.

Please confirm receipt of this message.

Thank you,
John Certo

Records Custodian Wynne and Matawan Municipal Attorney Acevedo,

Your decision to close my OPRA request is improper, unsupported by law, and constitutes a constructive denial under N.J.S.A. 47:1A-1 et seq. The reasoning provided in your letter is legally incorrect, inconsistent with binding precedent, and cannot serve as a lawful basis to refuse or close an active OPRA request. This request must be reopened immediately.

1. Metadata is unquestionably a government record.
The Appellate Division in Gannett v. Middlesex (2017) explicitly held that metadata is part of the electronic government record itself. There is no legal discretion to remove metadata from OPRA compliance. Refusing to produce metadata is a denial of access.

2. System logs, audit logs, version history, and electronic tracking fields are OPRA records.
The New Jersey Supreme Court in Paff v. Galloway (2017) held that OPRA applies to electronically stored information maintained in government systems, including internal fields not printed on paper. The Borough is obligated to search for and produce these records. Your analysis ignores controlling Supreme Court authority.

3. Your interpretation of Bent v. Stafford is incorrect.
Bent only prohibits compelling the creation of a brand-new document. Retrieving existing metadata, logs, and system-level information is not “creating” anything. These records already exist and must be provided. Refusing to retrieve existing records is a violation of OPRA.

4. A denial must cite a specific OPRA exemption.
Your letter cites no exemption under N.J.S.A. 47:1A-1 et seq. OPRA requires a lawful statutory exemption for denial. An attorney’s opinion that a request is “not required” is not a legal exemption and cannot justify a denial.

5. OPRA requires a certification of non-existence if records do not exist.
N.J.S.A. 47:1A-5(g) mandates a written certification stating whether a record does or does not exist. No certification was provided. Closing the request without producing records or issuing a certification is a clear violation of OPRA.

6. The request cannot be closed absent compliance with OPRA’s requirements.
A request may be closed only when:
a. records are produced,
b. a lawful denial citing statutory exemptions is issued, or
c. a certification of non-existence is provided.
None of these occurred. Therefore, the attempt to close the request is invalid.

7. The Borough must immediately conduct a full search.
OPRA requires a thorough search of all Borough systems, servers, applications, audit tools, backups, version control systems, and metadata storage locations. A refusal to search is a denial. A refusal to provide a certification is a denial. Closing the request without action is a denial.

Your letter creates the appearance that no search was performed and that the request was closed based solely on an incorrect legal interpretation. This is not permitted under OPRA.

8. Continued non-compliance exposes the Borough to enforcement and penalties.
Constructive denial is enforceable under N.J.S.A. 47:1A-6. Knowing and willful violations expose the Borough to civil penalties under N.J.S.A. 47:1A-11. This response puts the Borough on notice of its statutory obligations.

Accordingly, the Borough is required to:

1. Reopen the request immediately.
2. Conduct a full OPRA-compliant search of all electronic systems.
3. Produce all responsive metadata, logs, version history, backups, and related records; or
4. Issue a legally sufficient certification of non-existence, as required by N.J.S.A. 47:1A-5(g).

Any continued refusal to comply will require me to pursue all remedies available under OPRA, including filing with the Government Records Council and/or Superior Court.

Please confirm that the request has been reopened and that a proper search is underway.

Thank you,
John Certo

Dear Records Custodian Wynne, Borough Attorney Acevedo, and Administrator Michelson,

This communication serves as a formal Records Preservation Notice and Litigation Hold Demand relating to current and anticipated OPRA matters and Government Records Council proceedings concerning OPRA requests submitted by “Certo,” “John Certo,” or “OPRA Certo.”

This preservation duty is mandatory, non-discretionary, and immediately effective upon your receipt of this notice.

This notice is issued pursuant to:
• N.J.S.A. 47:1A-1 et seq.
• N.J.S.A. 47:1A-9 (prohibition on destruction or alteration of records)
• N.J.S.A. 47:1A-6 (pending denial-of-access review)
• All applicable case law regarding preservation and spoliation

As public officials, you are individually responsible for ensuring compliance.

REQUIRED PRESERVATION ACTIONS:
1. You are hereby directed to preserve, protect, and prevent the destruction, deletion, overwriting, modification, corruption, or loss of any and all records that may relate to the receipt, handling, routing, review, denial, or closure of any OPRA request submitted by me.

This includes but is not limited to:

a. All emails, internal messages, correspondence, drafts, notes, memos, directives, and communications among:
• Records Custodian Wynne
• Borough Attorney Acevedo
• Administrator/BA/CAO Michelson
• IT staff
• Any Borough employee involved in OPRA processing

b. All OPRA intake logs, tracking systems, routing logs, audit histories, draft responses, search logs, internal reviews, and documents reflecting how my requests were evaluated or processed.

c. All electronically stored information including:
• Metadata
• Audit logs
• Version history
• System-generated timestamps
• Access logs
• Backup data
• Deleted-item logs
• Journaling logs
• Compliance center logs
• Cloud and server logs
• File path metadata
• Calendar metadata and revision logs
• Any automated logs showing access to or actions taken on responsive records

d. All documents showing:
• Which systems were searched
• Which systems were not searched
• Who performed searches
• What search parameters were used
• What internal instructions were given concerning my OPRA requests

SUSPENSION OF AUTOMATIC DELETION:
2. You are expressly directed to immediately suspend all automatic deletion, purge, rotation, overwrite, retention-expiration, archiving, or compression functions on:

• Borough email servers
• Borough file servers
• Audit log systems
• Backup systems
• Microsoft 365 systems
• OPRA management platforms
• Cloud storage accounts
• Local workstation logs
• Any system that may store responsive data

Auto-purge functions are not a valid excuse under N.J.S.A. 47:1A-9.

SPOLIATION WARNING:
3. Any destruction, deletion, overwriting, modification, concealment, or loss of responsive or potentially responsive records after issuance of this notice may constitute spoliation of evidence.

Spoliation may result in:
• Adverse inference findings
• Penalties under N.J.S.A. 47:1A-11 (knowing and willful violations)
• Orders compelling restoration of deleted data
• Sanctions in GRC or Superior Court proceedings
• Personal exposure to liability for intentional destruction of public records

INDIVIDUAL RESPONSIBILITY:
4. This preservation duty applies individually to:

• Records Custodian Wynne
• Borough Attorney Acevedo
• Administrator Michelson
and any Borough employee under your supervision.

Each individual is responsible for ensuring immediate compliance.

NON-CREATION CLAUSE:
5. This notice does not require creation of new documents.
If preservation logs or confirmations exist, they must be produced pursuant to OPRA.

REQUEST FOR CONFIRMATION:
6. Please confirm, in writing, that the Borough:

a. Has implemented a litigation hold
b. Has suspended all automatic deletion or purge functions
c. Has taken steps to preserve all categories of records listed above
d. Has notified all relevant personnel of these obligations

My preferred delivery method is email.

Please confirm receipt of this Records Preservation Notice and Litigation Hold.

Thank you,
John Certo