Hello,

 

This is in response to your OPRA request.

 

With respect to the request, it is an overly broad and invalid request.
“Any and all” requests seeking “records” generically, etc. and requiring a
custodian to conduct research are invalid. See MAG Entm’t, LLC v. Div. of
Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v.
Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div.  2005), N.J. Builders
Ass’n v. N.J. Council on Affordable Hous., 390 N.J. Super. 166 (App. Div.
2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007151
(February 2009).

 

Moreover, according to N.J.S.A. 47:1A-5(g): "A custodian shall not be
required to complete a request, including for, but not limited to, mail,
email, text messages, correspondence, or social media postings and
messages, if the request does not identify a specific job title or
accounts to be searched, a specific subject matter, and is not confined to
a reasonable time period, or if the custodian determines that the request
would require research and the collection of information from the contents
of government records and the creation of new government records setting
forth that research and information. It shall be sufficient for a
requestor to identify specific individuals by the individual’s job title
and position."

 

Finally, as per N.J.S.A. 47:1A-5(g): “If a request for access to a
government record would substantially disrupt agency operations, the
custodian may deny access to the record after informing the requestor of
the potential disruption to agency operations and attempting to reach a
reasonable solution with the requestor that accommodates the interests of
the requestor and the agency.” Since this request would potentially
require searching through voluminous records and emails, it would
substantially disrupt agency operations. As such, the Custodian is
attempting to reach a reasonable solution as per the questions below.

 

 1. Can you clarify on what you are specifically looking for? Is there a
specific record that you are looking for with respect to a
municipality that would be held at the DCA Division of Local
Government Services?

 a. Could you make your request more precise to the specific record you
are looking for?

 2. Is there a specific job title or DCA account for which you are seeking
this email information?

 a. Are there specific emails you are looking for?

 3. Is there a more specific timeframe that is shorter than 2+ years?

 

Regards,

 

Matthew Marthaler

OPRA Custodian

New Jersey Department of Community Affairs

Local Government Services

 

 

-----Original Message-----
From: FairnessInContracts
<[OPRA #92455 email]>
Sent: Wednesday, June 17, 2026 6:21 PM
To: OPRA LGS [DCA] <[DLGS request email]>
Subject: [EXTERNAL] OPRA request - OPRA Request – South Seaside Park
Annexation, Municipal Boundary Change, Tax Collection Authority, State
Guidance, Revenue Administration, and Governmental Transition Records

 

Dear Records Custodian:

 

Pursuant to the New Jersey Open Public Records Act (“OPRA”), N.J.S.A.
47:1A-1 et seq., and separately pursuant to the Common Law Right of
Access, I request access to and copies of the following identifiable
government records maintained by your agency concerning South Seaside
Park, its annexation to the Borough of Seaside Park, implementation of
that annexation, municipal boundary changes, taxation, municipal revenues,
governmental administration, and any state, county, or municipal guidance
relating thereto.

 

If responsive records become available on a rolling basis, I request that
responsive records be produced as they become available rather than
withholding all responsive records pending completion of review of the
entire request.

 

Unless otherwise specified, the applicable date range shall be January 1,
2024 through the date this request is processed.

 

For the avoidance of doubt, this request seeks records in the possession,
custody, or control of your agency and is not limited to records authored
by your agency.

 

Whenever this request seeks guidance, directives, legal analyses, legal
opinions, attorney memoranda, Attorney General opinions, advisory
memoranda, implementation documents, recommendations, determinations,
reports, or similar records, the request includes all responsive records
that were made, maintained, kept on file, received, reviewed, relied upon,
circulated, distributed, referenced, or otherwise possessed by your agency
in the course of official governmental business, regardless of whether the
record originated within your agency or was created by another
governmental entity.

 

Accordingly, any Attorney General Opinion, legal opinion, legal
memorandum, advisory memorandum, guidance document, directive,
implementation memorandum, determination, recommendation, report,
correspondence, or similar record originating from the Office of the
Attorney General, Department of Law and Public Safety, Division of Law,
Department of Community Affairs, Division of Local Government Services,
Division of Taxation, Ocean County Board of Taxation, Ocean County Tax
Administrator, county counsel, outside counsel, or any other governmental
entity shall be deemed responsive if it was received, maintained,
reviewed, relied upon, circulated, distributed, referenced, or otherwise
possessed by your agency in connection with South Seaside Park,
annexation, municipal boundary changes, taxation, municipal revenues,
municipal services, governmental responsibilities, implementation of
annexation, or any related subject matter.

 

I specifically request the following records:

 

1. Guidance, Directives, Legal Analyses, and Administrative Records

 

Any memorandum, directive, advisory, legal opinion, attorney memorandum,
Attorney General opinion, legal memorandum, implementation memorandum,
report, guidance document, checklist, briefing memorandum, written
determination, recommendation, analysis, position statement,
administrative interpretation, or similar record prepared, received,
maintained, reviewed, transmitted, relied upon, or possessed by your
agency concerning:

 

• South Seaside Park;

 

• annexation or de-annexation;

 

• municipal boundary changes;

 

• implementation of annexation;

 

• municipal governance following annexation;

 

• tax collection authority;

 

• tax billing authority;

 

• assessments;

 

• ratables;

 

• municipal revenues;

 

• revenue allocation;

 

• revenue transfers;

 

• revenue remittance;

 

• municipal services; or

 

• governmental responsibilities following annexation.

 

1. Communications Concerning Annexation and Tax Administration

 

Any correspondence, letter, memorandum, email, report, briefing,
recommendation, advisory, or other written communication exchanged between
your agency and:

 

• Berkeley Township;

 

• the Borough of Seaside Park;

 

• the Ocean County Board of Taxation;

 

• the Ocean County Tax Administrator;

 

• Ocean County Counsel;

 

• the Ocean County Treasurer;

 

• the Office of the Attorney General;

 

• the Department of Law and Public Safety;

 

• the Division of Law;

 

• the Department of Community Affairs;

 

• the Division of Local Government Services;

 

• the Division of Taxation; or

 

• any other state, county, or municipal governmental entity,

 

where the subject line or body references:

 

“South Seaside Park”

 

“annexation”

 

“de-annexation”

 

“municipal boundary”

 

“boundary change”

 

“tax collection”

 

“tax billing”

 

“tax revenue”

 

“revenue transfer”

 

“revenue allocation”

 

“ratables”

 

“assessment”

 

“municipal services”

 

or substantially similar terminology.

 

1. Determinations Regarding Tax Collection Authority

 

Any record reflecting, discussing, analyzing, interpreting, recommending,
advising, or determining:

 

• whether Berkeley Township retained authority to collect property taxes
attributable to South Seaside Park following annexation;

 

• whether Berkeley Township was authorized, permitted, instructed,
advised, or directed to continue issuing tax bills following annexation;

 

• whether revenues attributable to South Seaside Park were to be retained,
transferred, remitted, escrowed, reconciled, or otherwise accounted for;

 

• whether Seaside Park became entitled to receive property tax revenues
attributable to South Seaside Park properties;

 

• whether any state agency, county agency, or governmental official issued
guidance concerning the collection, retention, transfer, accounting, or
remittance of tax revenues attributable to South Seaside Park properties;
or

 

• how state, county, or municipal officials were instructed to administer
taxation following annexation.

 

1. Financial, Revenue, and Transition Records

 

Any report, analysis, financial study, revenue allocation study, fiscal
impact analysis, accounting memorandum, transition plan, implementation
plan, reconciliation report, remittance analysis, transfer analysis, audit
memorandum, or similar record concerning:

 

• the financial impact of annexation;

 

• municipal revenues attributable to South Seaside Park;

 

• allocation of tax revenues;

 

• transfer of governmental responsibilities;

 

• transfer of municipal assets or liabilities;

 

• ratables and assessments attributable to South Seaside Park; or

 

• implementation of annexation.

 

1. Meetings, Briefings, Presentations, and Internal Discussions

 

Any agenda, meeting memorandum, briefing memorandum, presentation, report,
informational packet, meeting notes, talking points, executive summary,
conference summary, discussion memorandum, or similar record prepared for
agency officials concerning:

 

• South Seaside Park;

 

• annexation implementation;

 

• taxation;

 

• municipal services;

 

• municipal revenues;

 

• municipal boundary changes; or

 

• governmental transition issues.

 

1. Agreements and Formal Documents

 

Any draft or executed agreement, memorandum of understanding, settlement
proposal, implementation agreement, transition agreement, revenue-sharing
proposal, intergovernmental agreement, correspondence agreement, or other
formal document concerning:

 

• South Seaside Park;

 

• annexation implementation;

 

• tax collection responsibilities;

 

• municipal revenues;

 

• governmental responsibilities;

 

• municipal assets and liabilities; or

 

• implementation of annexation.

 

1. Attorney General and State Legal Consultation Records

 

Any record reflecting consultations with, requests for advice from, advice
provided by, communications with, or recommendations issued by the Office
of the Attorney General, Department of Law and Public Safety, Division of
Law, or any attorney acting on behalf of the State of New Jersey
concerning:

 

• the legal effect of the South Seaside Park annexation;

 

• municipal boundary changes;

 

• taxation authority;

 

• tax collection authority;

 

• tax billing authority;

 

• municipal revenues;

 

• ratables;

 

• assessments;

 

• municipal services;

 

• implementation of annexation; or

 

• governmental responsibilities following annexation.

 

Please provide records electronically where available.

 

If any portion of this request is denied, please provide:

 

1. The specific legal basis for the denial; 2. The specific OPRA
exemption, privilege, or authority relied upon; 3. A description
sufficient to identify the nature of each withheld record; 4. The name and
title of the individual responsible for the denial; and 5. For any record
withheld under attorney-client privilege, attorney work-product doctrine,
deliberative-process privilege, or any other asserted privilege,
sufficient information to identify the date, author, recipients, general
subject matter, and basis for the privilege claim.

 

This request is also made pursuant to the Common Law Right of Access. The
requested records concern municipal boundary changes, taxation, public
revenues, governmental administration, implementation of annexation,
intergovernmental decision-making, and the expenditure, collection,
allocation, retention, transfer, and administration of public funds. These
subjects are matters of substantial public concern directly affecting
governmental accountability, public finance, municipal governance, and
residents of multiple political subdivisions. Any common-law balancing
test weighs strongly in favor of disclosure because the public interest in
understanding the legal authority, governmental decision-making, fiscal
administration, and implementation of annexation substantially outweighs
any generalized governmental interest in nondisclosure.

 

CERTIFICATIONS

 

I certify that:

 

☑ I have not been convicted of an 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.

 

I certify the foregoing under penalty of N.J.S.A. 2C:28-3.

 

-------------------------------------------------------------------

 

Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:

[1][OPRA #92455 email]

 

Is [2][DLGS request email] the wrong address for OPRA requests to New Jersey
Department of Community Affairs, Division of Local Government Services? If
so, please contact us using this form:

[3]https://urldefense.com/v3/__https://opra...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://urldefense.com/v3/__https://opra...

 

View this OPRA request & responses online:

[5]https://urldefense.com/v3/__https://opra...

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

 

"OPRAmachine’s mission is to give people easy and affordable access to New
Jersey public records.

For more information, contact us at: ‪(732) 707-1628 or PO Box 3180, New
Brunswick, NJ 08903."

 

-------------------------------------------------------------------

CONFIDENTIALITY NOTICE: "The information contained in this communication
is privileged and confidential and is intended for the sole use of the
persons or entities who are the addressees. Further, the information may
be considered advisory, consultative or deliberative material, subject to
the requirements established under N.J.S.A. 47:1A-1.1. If you are not the
intended recipient of this email, the dissemination, distribution, copying
or use of the information it contains is strictly prohibited. If you have
received this communication in error, please notify the sender immediately
and destroy the email and any attachments."

References

Visible links
1. mailto:[OPRA #92455 email]
2. mailto:[DLGS request email]
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hide quoted sections

Hello,

This is in response to your OPRA request.

Attached are the responsive records from the Division of Local Government Services.

Please note that all correspondence and documents reflecting internal and inter-agency thought processes, analyses, recommendations and draft documents have been redacted or withheld as such correspondence is exempt from production under OPRA as “inter-agency or intra-agency advisory, consultative, or deliberative material.” See N.J.S.A. 47:1A-1.1; Educ. Law Ctr. v. N.J. Dep’t of Educ., 198 N.J. 274, 284 (2009); Ciesla v. N.J. Dep’t of Health & Senior Servs., 429 N.J. Super. 127, 138 (App. Div. 2012).

This request is now considered closed.

Regards,

Matthew Marthaler
Regulatory Officer
New Jersey Department of Community Affairs
Local Government Services/Local Finance Board

-----Original Message-----
From: FairnessInContracts <[OPRA #92455 email]>
Sent: Friday, June 19, 2026 9:07 PM
To: OPRA LGS [DCA] <[DLGS request email]>
Subject: RE: [EXTERNAL] OPRA request - OPRA Request – South Seaside Park Annexation, Municipal Boundary Change, Tax Collection Authority, State Guidance, Revenue Administration, and Governmental Transition Records

Dear Mr. Marthaler:

Thank you for your response. In an effort to reasonably narrow and clarify the request, I provide the following responses to each of the questions contained in your correspondence.

1. Can you clarify on what you are specifically looking for? Is there a specific record that you are looking for with respect to a municipality that would be held at the DCA Division of Local Government Services?

Response:

Yes. I am specifically seeking formal government records maintained by the Division of Local Government Services concerning the annexation of South Seaside Park from Berkeley Township to the Borough of Seaside Park and the implementation of that annexation, particularly records relating to municipal governance, municipal boundary changes, property tax administration, revenue administration, governmental transition, and any guidance or determinations issued or relied upon by the Division concerning those matters.

1(a). Could you make your request more precise to the specific record you are looking for?

Response:

Yes. To clarify and narrow the request, I am seeking the following identifiable categories of records:

1. Any formal guidance document, advisory memorandum, implementation memorandum, bulletin, written determination, position statement, report, recommendation, legal memorandum, legal analysis, Attorney General memorandum, Division of Law memorandum, technical assistance memorandum, Local Finance Notice, or similar formal record maintained by, received by, reviewed by, relied upon by, or possessed by the Division concerning:

• the annexation of South Seaside Park from Berkeley Township to the Borough of Seaside Park;

• implementation of that annexation;

• municipal boundary changes involving Berkeley Township and the Borough of Seaside Park;

• governmental responsibilities following annexation;

• municipal governance following annexation;

• property tax collection authority;

• property tax billing authority;

• municipal revenues;

• ratables;

• assessments; or

• allocation, transfer, remittance, retention, reconciliation, accounting, or administration of property tax revenues attributable to South Seaside Park properties.

2. Any final report, fiscal impact analysis, financial analysis, revenue study, accounting analysis, implementation plan, transition plan, reconciliation report, transfer analysis, audit memorandum, or similar formal record concerning:

• South Seaside Park;

• the annexation of South Seaside Park;

• transfer of governmental responsibilities between Berkeley Township and the Borough of Seaside Park;

• municipal revenues attributable to South Seaside Park;

• tax revenues attributable to South Seaside Park properties;

• ratables and assessments attributable to South Seaside Park properties; or

• implementation of annexation.

3. Any draft or executed memorandum of understanding, implementation agreement, transition agreement, settlement agreement, revenue-sharing agreement, intergovernmental agreement, or other formal agreement maintained by the Division concerning:

• Berkeley Township;

• the Borough of Seaside Park; and

• the annexation or implementation of the transfer of South Seaside Park.

4. Any final determination, advisory opinion, legal opinion, recommendation, memorandum, report, or guidance concerning:

• whether Berkeley Township retained authority to collect property taxes attributable to South Seaside Park following annexation;

• whether Berkeley Township was authorized, instructed, advised, or permitted to continue issuing tax bills for South Seaside Park properties following annexation;

• whether tax revenues attributable to South Seaside Park properties were to be retained, transferred, remitted, reconciled, or otherwise accounted for following annexation; or

• whether the Borough of Seaside Park became entitled to receive tax revenues attributable to South Seaside Park properties.

5. Any records reflecting guidance, recommendations, determinations, advice, or legal analysis received from, provided by, or relied upon from the Office of the Attorney General, Department of Law and Public Safety, Division of Law, Division of Taxation, Ocean County Board of Taxation, Ocean County Tax Administrator, or other governmental entity concerning the annexation of South Seaside Park or taxation issues arising from that annexation, provided such records are maintained by, possessed by, or relied upon by the Division.
6. Is there a specific job title or DCA account for which you are seeking this email information?

Response:

No. To narrow the request and eliminate the need for broad correspondence searches, I withdraw all portions of the request seeking emails, email correspondence, or other communications.

2(a). Are there specific emails you are looking for?

Response:

No. I am no longer seeking emails or email correspondence.

3. Is there a more specific timeframe that is shorter than 2+ years?

Response:

Yes. The request is narrowed to records created, received, maintained, reviewed, relied upon, circulated, distributed, or possessed between January 1, 2025 and the date the request is processed.

For clarity, this request is limited to identifiable formal records maintained by the Division of Local Government Services concerning the annexation of South Seaside Park from Berkeley Township to the Borough of Seaside Park. The request does not seek broad email searches, generalized correspondence searches, or require the performance of research or the creation of new records.

The request remains made pursuant to both the Open Public Records Act and the Common Law Right of Access.

Thank you for your time and consideration.

-----Original Message-----

Hello,

This is in response to your OPRA request.

With respect to the request, it is an overly broad and invalid request.
“Any and all” requests seeking “records” generically, etc. and requiring a custodian to conduct research are invalid. See MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v.
Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005), N.J. Builders Ass’n v. N.J. Council on Affordable Hous., 390 N.J. Super. 166 (App. Div.
2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007151 (February 2009).

Moreover, according to N.J.S.A. 47:1A-5(g): "A custodian shall not be required to complete a request, including for, but not limited to, mail, email, text messages, correspondence, or social media postings and messages, if the request does not identify a specific job title or accounts to be searched, a specific subject matter, and is not confined to a reasonable time period, or if the custodian determines that the request would require research and the collection of information from the contents of government records and the creation of new government records setting forth that research and information. It shall be sufficient for a requestor to identify specific individuals by the individual’s job title and position."

Finally, as per N.J.S.A. 47:1A-5(g): “If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after informing the requestor of the potential disruption to agency operations and attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.” Since this request would potentially require searching through voluminous records and emails, it would substantially disrupt agency operations. As such, the Custodian is attempting to reach a reasonable solution as per the questions below.

1. Can you clarify on what you are specifically looking for? Is there a specific record that you are looking for with respect to a municipality that would be held at the DCA Division of Local Government Services?

a. Could you make your request more precise to the specific record you are looking for?

2. Is there a specific job title or DCA account for which you are seeking this email information?

a. Are there specific emails you are looking for?

3. Is there a more specific timeframe that is shorter than 2+ years?

Regards,

Matthew Marthaler

OPRA Custodian

New Jersey Department of Community Affairs

Local Government Services

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #92455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://urldefense.com/v3/__https://opra...

View this OPRA request & responses online:
https://urldefense.com/v3/__https://opra...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
CONFIDENTIALITY NOTICE: "The information contained in this communication is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. Further, the information may be considered advisory, consultative or deliberative material, subject to the requirements established under N.J.S.A. 47:1A-1.1. If you are not the intended recipient of this email, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please notify the sender immediately and destroy the email and any attachments."

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