Mutual Excess Liability Joint Insurance Fund
Dear Clark 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:
I am requesting all records on file for the past 2 years in regards to
1. All Emails sent and Received about the MEL (Mutual Excess Liability) JIF (Joint Insurance Fund)
2. Any contracts in relation to the MEL or JIF
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 Resident
Your request has been received however, clarification is needed. Please clarify what is meant by "all records on file for the past 2 years." It is important to provide the specific beginning and end dates, in order to conduct an email search.
Please send future requests to [email address]
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Dear Clerk's Dept.,
I would like the period of 4/22/2024 to present.
All records means
1. Any emails pertaining to the JIF or MEL
2. Any contracts the township may have entered into with the JIF OR MEL
Yours sincerely,
Anonymous Resident
Thank you for the clarification. Your request will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Avenue
Clark, New Jersey 07066
732-388-3669
To: Anonymous Resident <[OPRA #90393 email]>
From: Edith L. Merkel, Township Clerk, Township of Clark
Re: OPRA request
Date: April 24, 2026
The Township of Clark received your Open Public Records Act (OPRA) request on April 22, 2026. The official Records Custodian, Edith Merkel, received your OPRA request on April 22, 2026. As such, the seven (7) business day deadline to respond to your request is May 1, 2026. This response to your request is being provided to you on the second business day after the custodian’s receipt of said request.
Your OPRA request sought access to:
"I would like the period of 4/22/2024 to present.
All records means
1. Any emails pertaining to the JIF or MEL
2. Any contracts the township may have entered into with the JIF OR MEL"
Response:
The attached records are responsive to your request and provided in their entirety.
Your request for “Any emails pertaining to the JIF or MEL” from “4/22/2024 to present” is invalid under OPRA as it fails to specify the sender and/or recipient of the emails sought. The Government Records Council (“GRC”) has established specific criteria deemed necessary under OPRA to request an e-mail communication. See Elcavage v. West Milford Twp. (Passaic), GRC Complaint No. 2009-08 (Apr. 8, 2010) (stating that a proper request for email correspondence must contain “(1) the content and/or subject of the e-mail, (2) the specific date or range of dates during which the e-mail was transmitted or the emails were transmitted, and (3) a valid e-mail request must identify the sender and/or the recipient thereof”). In May 2024, the Legislature amended OPRA to incorporate the standard set forth in Elcavage into the statute by specifically requiring requests for correspondence to “identify a specific job title or accounts to be searched, a specific subject matter, and [be] confined to a reasonable time period.” See N.J.S.A. 47:1A-5(g) (amended effective September 4, 2024).
The request is similarly invalid under the common law right of access to government records. A person seeking public records under the common law right of access must explain why he seeks access to the requested documents and the person's interest in obtaining the documents must be balanced against the State's interest in preventing disclosure. See O’Boyle v. Borough of Longport, 218 N.J. 168, 196 (2014). Your request does not explain why you seek access to the requested documents therefore the Township cannot perform the required common law balancing analysis.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Township of Clark to deny access. At your option, you may
either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
Dear Clerk's Dept.,
Thank you for your response.
Pursuant to your guidance and N.J.S.A. 47:1A-5(g), I am narrowing and clarifying my request as follows:
I am requesting emails sent or received between April 22, 2024 and present that reference or relate to the Municipal Excess Liability (MEL) Joint Insurance Fund (JIF), including but not limited to the terms “MEL,” “JIF,” “Joint Insurance Fund,” or “Municipal Excess Liability.”
This request is limited to emails involving the following positions:
Mayor
Business Administrator
Chief Financial Officer
Township Attorney
Clerk / Records Custodian
Any designated JIF Fund Commissioner or alternate
To the extent possible, please search official Township email accounts assigned to these positions.
Additionally, to the extent this request is considered under the common law right of access, the purpose of this request is to review how the Township manages its participation in the MEL/JIF, including financial obligations, risk management decisions, and governance, in order to inform the public on matters of municipal oversight and accountability.
If any portion of this request is deemed overly broad, please advise as to how it may be further narrowed.
Please provide responsive records electronically via email.
Yours sincerely,
Anonymous Resident
Good afternoon,
This firm serves as OPRA counsel to the Township of Clark. Please see the
attached correspondence. Thank you.
Christina M. DiPalo, Esq.
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
(908) 810-0500 (office)
(908) 810-0513 (fax)
[1][email address]
References
Visible links
1. mailto:[email address]
Good morning,
Please see the attached correspondence. Thank you.
Christina M. DiPalo, Esq.
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
(908) 810-0500 (office)
(908) 810-0513 (fax)
[1][email address]
From: Christina DiPalo
Sent: Tuesday, April 28, 2026 1:53 PM
To: [OPRA #90393 email]
Cc: Robert Varady <[email address]>; Sarah Canfield
<[email address]>; Clerk's Dept. <[Clark Township request email]>
Subject: OPRA request - Mutual Excess Liability Joint Insurance Fund
Good afternoon,
This firm serves as OPRA counsel to the Township of Clark. Please see the
attached correspondence. Thank you.
Christina M. DiPalo, Esq.
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
(908) 810-0500 (office)
(908) 810-0513 (fax)
[2][email address]
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
Dear Christina DiPalo,
Thank you the extension is fine. Ill look for reply by may 27th.
Yours sincerely,
Anonymous Resident
Good afternoon,
Please see the attached OPRA response on behalf of the Township of Clark. Thank you.
Christina M. DiPalo, Esq.
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
(908) 810-0500 (office)
(908) 810-0513 (fax)
[email address]