OPRA REQUEST – OFFICE OF THE GOVERNOR

Toll Enforcement Policy, Vendor Oversight, and Data-Security Records

Dear OPRA Custodian,
Office of the Governor of New Jersey,

Please accept this electronic request for public records pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., and the common-law right of access.

Pursuant to N.J.S.A. 47:1A-6(f), this email constitutes a valid OPRA request. No agency-specific form is required.

This request is made:
• for public-interest and informational purposes only,
• not for any commercial use, and
• not to interfere with any pending legal proceeding.

STATEMENT OF PUBLIC INTEREST

New Jersey residents are affected by the expansion of automated toll enforcement, camera-based systems, and third-party data processing, which raise issues of public safety, due process, data protection, and government accountability.

As the State’s chief executive authority, the Governor’s Office plays a central role in policy oversight, inter-agency coordination, and response to legislative and congressional inquiries concerning such systems.

SCOPE OF REQUEST

This request seeks all government records created, received, relied upon, or maintained by the Office of the Governor from January 1, 2020 to present relating to:
• toll enforcement policy,
• E-ZPass and toll-by-plate operations,
• vendor selection or oversight,
• data-security and ownership concerns,
• inter-agency coordination with NJTA, NJDOT, or federal entities.

RECORDS REQUESTED

I. POLICY & OVERSIGHT COMMUNICATIONS
1. Communications between the Governor’s Office and:
• New Jersey Turnpike Authority (NJTA),
• New Jersey Department of Transportation (NJDOT),
• Office of the State Treasurer,
regarding toll rates, administrative fees, automated enforcement, or related policy matters.

II. PROCUREMENT & VENDOR OVERSIGHT
1. Records reflecting the Governor’s Office’s knowledge of, review of, or involvement in:
• the award of toll-services or E-ZPass contracts,
• vendor ownership or control disclosures,
• data-security or foreign-ownership concerns.

III. DATA-SECURITY & PRIVACY
1. Briefings, memoranda, reports, or analyses concerning:
• protection of motorists’ personal and travel data,
• cybersecurity safeguards,
• vendor data access or storage practices.

IV. LEGISLATIVE & CONGRESSIONAL INQUIRIES
1. All records created or received in connection with:
• legislative oversight inquiries, or
• congressional correspondence regarding toll enforcement, vendor ownership, or data security,
including internal drafts, analyses, or responses.

V. INTER-AGENCY COORDINATION
1. Records of meetings, task forces, or working groups involving the Governor’s Office and NJTA or NJDOT concerning:
• automated tolling,
• gantry expansion,
• enforcement practices.

NON-EXISTENCE CERTIFICATION

If any category of requested records does not exist, please provide a written statement confirming:
• that no such records were created or maintained, and
• the reason for their absence.

FORMAT, FEES & RESPONSE
• Provide records in native electronic format where available.
• Redact only information specifically exempt under OPRA.
• Please advise in advance of any fees; I do not consent to fees exceeding $25 without approval.
• OPRA requires a response within seven (7) business days.

Please confirm receipt. If you are not the proper custodian, kindly forward this request and identify the correct custodian.

Respectfully,
/s/ Devon Tyler Barber
12/18/2025

OPRA FOLLOW-UP, OBJECTION, AND DEMAND FOR CERTIFIED COMPLIANCE

(E-ZPass / Toll Enforcement / Data Security)

Via OPRAMACHINE.COM
Office of the Governor
Attn: Lisa M. Scorsolini
Custodian of Government Records
P.O. Box 001
Trenton, New Jersey 08625

Re: OPRA Follow-Up; Objection to Closure; Narrowed Request; Demand for Certification
Original OPRA Request: December 18, 2025
Response Letter: [Date of Refusal]

Dear Ms. Scorsolini:

I write in response to the Office of the Governor’s correspondence asserting that my Open Public Records Act (“OPRA”) request concerning toll enforcement, E-ZPass operations, vendor oversight, and data security is “overbroad” and therefore “complete and closed.” That determination is respectfully rejected.

This letter serves to:
1. Formally object to the overbreadth determination and refusal to search;
2. Narrow and restate the OPRA request consistent with OPRA, N.J.S.A. 47:1A-1 et seq., and controlling authority;
3. Invoke OPRA’s public-interest purpose, given the statewide financial and privacy impact on New Jersey motorists; and
4. Demand certified compliance, including sworn confirmation of non-existence where records are claimed not to exist.

All statutory and common-law rights of access are expressly preserved.

I. Public Interest and Interest of Justice

This request concerns statewide toll enforcement, automated collection practices, vendor relationships, and the protection of motorists’ personal and travel data. These matters directly affect millions of New Jersey residents, implicating:
• recurring financial charges and administrative penalties,
• accuracy and fairness of automated enforcement systems,
• procurement integrity and vendor oversight, and
• data privacy and cybersecurity for sensitive location and payment information.

OPRA is intended to “maximize public knowledge about public affairs” and prevent “a secluded process” in areas of significant public impact. N.J.S.A. 47:1A-1. Where tolling and enforcement systems operate at scale, transparency regarding policy oversight, inter-agency coordination, and data-security governance is essential to public confidence and lawful administration.

This request does not seek proprietary vendor code, law-enforcement tactics, or sensitive personal data. It seeks policy-level, structural, and aggregate records sufficient for the public to understand how toll enforcement systems are governed and overseen.

II. Objection to Overbreadth Determination

The response relies on generalized case law regarding blanket requests for “all correspondence,” yet the original request identified:
• specific subject matter (toll enforcement, E-ZPass, vendor oversight, data security),
• specific agencies (NJTA, NJDOT, Treasury), and
• a defined timeframe.

OPRA requires custodians to work with requesters to identify reasonably identifiable records, not to refuse searches altogether where narrowing is possible. See Gannett, MAG Entm’t, Bent.

Without waiving any rights, I therefore narrow and restate the request below.

III. Narrowed and Clarified OPRA Request

(Superseding and Clarifying Prior Request)

This request seeks existing, non-deliberative records created, received, reviewed, or maintained by the Office of the Governor between January 1, 2021 and December 31, 2025, relating to toll enforcement, E-ZPass operations, vendor oversight, and data security.

A. Policy-Level Communications (Non-Case-Specific)

Records sufficient to show the existence and content of policy-level communications between the Governor’s Office and:
• New Jersey Turnpike Authority (NJTA),
• New Jersey Department of Transportation (NJDOT),
• Office of the State Treasurer,

concerning:
• toll rates or administrative fees,
• automated toll enforcement or toll-by-plate systems, or
• E-ZPass operational policy.

This request excludes individual motorists, enforcement cases, or law-enforcement tactics.

B. Procurement and Vendor Oversight (Governor’s Office Involvement)

Records reflecting the Governor’s Office’s knowledge of, review of, or involvement in:
1. the award or extension of toll-services or E-ZPass-related contracts;
2. vendor ownership, control, or beneficial-ownership disclosures provided to or reviewed by the Governor’s Office;
3. any policy-level concerns raised regarding vendor compliance, performance, or oversight.

C. Data-Security and Privacy Governance

Any briefings, memoranda, reports, or analyses provided to or generated by the Governor’s Office concerning:
• protection of motorists’ personal, financial, or travel data;
• cybersecurity safeguards related to tolling or E-ZPass systems;
• vendor data access, storage, or data-sharing practices.

This request is limited to governance and risk-management materials, not technical schematics or vulnerabilities.

D. Legislative or Congressional Oversight (If Any)

Records created or received by the Governor’s Office in connection with legislative or congressional inquiries concerning toll enforcement, E-ZPass operations, vendor ownership, or data security, including:
• briefing materials,
• internal analyses, or
• final responses (excluding drafts reflecting internal deliberation).

E. Certifications of Non-Existence

If the Governor’s Office maintains no records responsive to any of the above categories, please provide a written certification of non-existence, executed by the Custodian of Records.

IV. Improper Refusal to Search or Identify Records

OPRA does not permit a custodian to decline a request solely because it may require searching communications, where the request has been narrowed to:
• defined subject matter,
• a limited timeframe, and
• identifiable agency counterparts.

Nor may a custodian refuse to confirm whether responsive records exist. At minimum, OPRA requires either production, lawful exemption with specificity, or certification of non-existence. N.J.S.A. 47:1A-5(g); Spectraserv.

V. Demand for Re-Opening and Certified Compliance

Accordingly, I request that the Office of the Governor:
1. Re-open the OPRA request as narrowed herein;
2. Conduct a reasonable search for responsive records;
3. Produce all non-exempt records;
4. Identify any withheld records with specific statutory exemptions; and
5. Provide custodian-executed certifications of non-existence where applicable.

If the Office maintains that no further disclosure is required, please treat this letter as a request for a final agency determination, so that I may seek review before the Government Records Council or the Superior Court of New Jersey.

VI. Requester Certification

I certify that this OPRA request is made in good faith, for lawful purposes, and in furtherance of the public’s right to understand the governance, oversight, and data-security practices surrounding toll enforcement systems that affect New Jersey residents on a daily basis.

This request is not intended to disrupt operations, but to ensure transparency, accountability, and public confidence in systems that impose recurring financial and privacy burdens on the public.

Respectfully submitted,

/s/ Devon Tyler Barber
[email address]
X (Devon Tyler of the Barber-Materio Family)