Dear New Jersey Department of the Treasury,

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:

Good afternoon,

Pursuant to the New Jersey Open Public Records Act (“OPRA”), **N.J.S.A. 47:1A-1 et seq.**, I request electronic copies of the following existing records maintained by the New Jersey Department of the Treasury, Division of Pensions & Benefits (“DPB”) and/or Police and Firemen’s Retirement System (“PFRS”).

### David J. DeSane – 2024

Please provide:

1. The complete **PFRS retirement application and pension paperwork** submitted by or on behalf of **David J. DeSane**, formerly of the City of Asbury Park Police Department, in connection with his **2024 retirement**, including all pages, attachments, supplements, amendments, certifications, acknowledgments, and signature pages.

2. All **forms, certifications, declarations, acknowledgments, questionnaires, electronic certifications, and signature pages personally signed, executed, or electronically acknowledged by DeSane** in connection with his retirement application.

3. Any existing document on which DeSane was required to **certify, attest, acknowledge, or declare that information supplied was true, accurate, complete, or subject to penalties for false statements or under penalty of law**.

4. Any existing pension form, questionnaire, certification, or disclosure signed or acknowledged by DeSane concerning **service or employment history, disciplinary matters, pending charges or investigations, criminal history or convictions, honorable service, settlement/separation from employment, or other matters affecting pension eligibility or benefits**, to the extent such information was requested on an existing form.

5. Any **final settlement, separation, retirement, resignation, disciplinary, or other agreement** between DeSane and the City of Asbury Park that was submitted, transmitted, uploaded, or otherwise provided to DPB/PFRS in connection with his retirement or separation.

6. All records submitted by the City of Asbury Park to DPB/PFRS **pursuant to or in connection with N.J.A.C. 17:1-6.3**, including any underlying charges, disciplinary actions, misconduct reports, settlement documentation, and related employer submissions.

7. Any **employer certification, cover letter, transmittal, memorandum, email, electronic submission, or accompanying record** transmitting or identifying the foregoing records.

8. Any existing record showing the **date DPB/PFRS received** DeSane's retirement application, settlement/separation agreement, employer certification, or related documentation.

9. Any **honorable-service submission, employer certification, final determination, notice, memorandum, or other final record** associated with the PFRS Board's **July 8, 2024 consideration of DeSane's retirement and honorable service**.

### Michael Boone – 2026

Please provide:

1. The complete **PFRS retirement application and pension paperwork** submitted by or on behalf of **Michael Boone**, formerly of the City of Asbury Park Police Department, in connection with his **2026 retirement/separation**, including all pages, attachments, supplements, amendments, certifications, acknowledgments, and signature pages.

2. All **forms, certifications, declarations, acknowledgments, questionnaires, electronic certifications, and signature pages personally signed, executed, or electronically acknowledged by Boone** in connection with his retirement application.

3. Any existing document on which Boone was required to **certify, attest, acknowledge, or declare that information supplied was true, accurate, complete, or subject to penalties for false statements or under penalty of law**.

4. Any existing pension form, questionnaire, certification, or disclosure signed or acknowledged by Boone concerning **service or employment history, disciplinary matters, pending charges or investigations, criminal history or convictions, honorable service, settlement/separation from employment, or other matters affecting pension eligibility or benefits**, to the extent such information was requested on an existing form.

5. Any **final settlement, separation, retirement, resignation, disciplinary, or other agreement** between Boone and the City of Asbury Park that was submitted, transmitted, uploaded, or otherwise provided to DPB/PFRS in connection with his retirement or separation.

6. All records submitted by the City of Asbury Park to DPB/PFRS **pursuant to or in connection with N.J.A.C. 17:1-6.3**, including any underlying charges, disciplinary actions, misconduct reports, settlement documentation, and related employer submissions.

7. Any **employer certification, cover letter, transmittal, memorandum, email, electronic submission, or accompanying record** transmitting or identifying the foregoing records.

8. Any existing record showing the **date DPB/PFRS received** Boone's retirement application, settlement/separation agreement, employer certification, or related documentation.

9. Any **honorable-service submission, employer certification, final determination, notice, memorandum, or other final record** concerning Boone's retirement/separation, to the extent such records presently exist.

### Settlement Agreements and Confidentiality Provisions

For clarity, the requested agreements include any responsive **settlement, separation, retirement, resignation, disciplinary, or other agreement containing a confidentiality, non-disclosure (“NDA”), non-disparagement, or similar provision**, regardless of the title assigned to the agreement.

The existence of a confidentiality or non-disclosure provision should not itself serve as a basis for withholding portions of a government record otherwise subject to public access.

### N.J.A.C. 17:1-6.3 Records

This request specifically includes records maintained by DPB/PFRS pursuant to **N.J.A.C. 17:1-6.3**, including qualifying settlement agreements provided by an employer's certifying officer and related documentation concerning administrative or criminal charges, disciplinary actions, and reports concerning alleged misconduct.

### Public Portions and Redactions

This request should be considered consistent with ***Burnett v. County of Gloucester, 415 N.J. Super. 506 (App. Div. 2010)***; ***Asbury Park Press v. County of Monmouth, 406 N.J. Super. 1 (App. Div. 2009), aff'd o.b., 201 N.J. 5 (2010)***; and ***Libertarians for Transparent Government v. Cumberland County, 250 N.J. 46 (2022)***.

I am not requesting Social Security numbers, home addresses, banking information, medical information, beneficiary information, or other specifically protected personal identifiers. Such information may be redacted.

If a responsive record contains exempt material, please provide all portions subject to public access and all reasonably segregable non-exempt portions where required by law.

To the extent legally disclosable, this request specifically seeks the actual existing records showing the **forms and questions presented to each member, certifications and acknowledgments required, information certified or acknowledged, signature/electronic-certification pages, and dates of execution**.

If any responsive record is withheld in whole or in part, please identify the **specific record withheld and the statutory, regulatory, or other legal authority supporting the denial or redaction**.

If DPB/PFRS does not maintain a specifically identified record, please indicate that no responsive record is maintained for that category.

This request seeks existing identifiable government records and does not require the creation of a new record.

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,

Bruce