Re: Open Public Records Act Request – Records Concerning Claims, Policies, Russo/Tappan Conflicts, and SAIF Coordination

Dear Statewide Custodian of Records:

This request is submitted by the New Jersey Coalition for Institutional Responsibility (NJCIR) pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. NJCIR seeks comprehensive fund governance, claims, and ethics materials directly pertaining to matters involving the Town of Newton, Sussex County, and any participating SIF members from January 1, 2021 to the present, including but not limited to all records concerning Board-level claim deliberations, trustee participation, ethics disclosures, and any coordination or joint-fund activity with the School Alliance Insurance Fund (SAIF).

Background and Relevance

NJCIR files this request in light of publicly available SIF Executive Committee agendas and minutes (including the Fund’s September 18, 2025 Executive Committee agenda and the consolidated meeting minutes produced internally) that expressly list a closed-session item described as “Coffey v. Newton – Litigation Update.” Those materials, together with subsequent agenda items (e.g., October 16, 2025) showing continued Closed Session claim review and notations referencing joint coverage or "Joint Coverage Review," confirm that SIF has treated the Newton/Coffey matters as active, Board-level claims matters with attendant reserve reviews and adjuster input. NJCIR therefore demands immediate production of the categories below to allow public scrutiny of fund governance, potential conflicts of interest among trustees (including Thomas Russo and Ron Tappan), and any inter-fund coordination with SAIF or other joint insurance pools.

Statutory Authority and Purpose

Because both Mr. Russo (Fund Chair and Town of Newton Manager) and Mr. Tappan (Sussex County Administrator and SIF Trustee) appear in attendance at sessions where the Fund discussed active litigation directly naming their respective entities and appeared to have authorized various related payments, these records are sought to assess compliance with N.J.S.A. 40A:9-22.5(d) prohibiting officials from acting in matters where they have a direct or indirect personal or financial interest.

Requested Records (Comprehensive and Specific)

A. Executive Committee and Board Materials (Targeted)

1. All Executive Committee and Board packets, agendas, minutes, and any supplemental exhibits or attachments for the following dates (and any meetings that reference the same topics):
a. March 5, 2025 (Special EC Closed Session Agenda)
b. February 6, 2025 (Executive Committee Agenda)
c. April 17, 2025 (Executive Committee Agenda)
d. May 15, 2025 (Executive Committee Agenda)
e. June 26, 2025 (Executive Committee Agenda)
f. July 17, 2025 (Executive Committee Agenda)
g. August 21, 2025 (Executive Committee Agenda)
h. September 18, 2025 (Executive Committee Agenda) — **All Closed Executive Session minutes, notes, attachments, and exhibits** referenced by the September 18, 2025 agenda item described as “Coffey v. Newton – Litigation Update.”
i. October 16, 2025 (Executive Committee Agenda) — **All Closed Session minutes and all Claim Review materials presented.**

2. For each listed meeting produce: the master attendance/roll-call sheet; any voting records, recusals, or abstention notations; all documents distributed to members at or before the meeting; and audio/video recordings or transcripts of the meeting, including closed-session portions.

B. Claim Files, Reserve Authorizations, and Adjuster Reports

1. All claim files, claim number assignments, claim activity logs, reserve authorization sheets, and reserve-change memos for any claim involving the Town of Newton, or claims that reference the name "Coffey," "Coffey v. Newton," or substantially similar variants, from January 1, 2021 through present.

2. All adjuster reports, investigation memoranda, surveillance logs, coverage opinions, payment authorizations, correspondence with defense counsel, and settlement analyses prepared by or for Highland Claim Services (or any other contracted claims administrator) in connection with the Newton/Coffey and/or the ‘Kenneth Collins’ matters.

3. All internal spreadsheets, PowerPoints, or worksheets presented to the Executive Committee or Board that memorialize reserves, actuarial commentary, or payment recommendations for these claims.

C. Trustee/Officer Communications and Conflict Records

1. All emails, memoranda, text messages (where preserved), or written notes exchanged between Fund officers, trustees, or employees and any representative of the Town of Newton or Sussex County concerning the Newton/Coffey claims. This specifically includes communications involving or copied to: **Thomas S. Russo** (Town of Newton) and **Ron Tappan** (Sussex County Administrator), whether in their municipal capacities or as Fund trustees.

2. Any records reflecting disclosures of conflicts of interest, recusals, abstentions, or requests for recusal submitted by trustees or officers in connection with the Newton/Coffey/Collins matters, together with any ethics opinions, legal memoranda, or staff recommendations regarding the propriety of participation by Russo, Tappan, or any trustee with overlapping municipal roles.

3. Any contemporaneous notes, calendars, or travel/attendance records evidencing Russo’s or Tappan’s attendance at Fund meetings and/or at SIF/SAIF joint sessions where Newton/Coffey was discussed.

4. Any records, resolutions, correspondence, or memoranda concerning the appointment, authorization, engagement, or compensation of Special Counsel retained by or through the Statewide Insurance Fund in connection with Coffey v. Newton or any related Sussex County or municipal litigation, including but not limited to the appointments of James Moscagiuri, Nicholas DeFuria, or any attorney affiliated with Lavery, Selvaggi & Cohen, P.C., as well as Thomas Emala or any attorney affiliated with McGivney, Kluger, Clark & Intoccia, P.C.

4(i) Produce all related engagement letters, retainer agreements, billing authorizations, conflict certifications, and all Board or Executive Committee resolutions approving, ratifying, or discussing such counsel appointments—whether in open or closed session.

4 (ii) This request specifically seeks to determine whether such counsel simultaneously represented member entities with adverse or overlapping interests (including Sussex County, the Town of Newton, or Sussex County Community College) in potential violation of fiduciary obligations under N.J.A.C. 11:15-2.21(c), conflict-of-interest prohibitions under N.J.S.A. 40A:9-22.5(d), and concurrent-representation restrictions under RPC 1.7(a). The requested materials are also relevant to the Fund’s compliance with N.J.A.C. 11:15-2.20(b), requiring that all joint insurance funds maintain clear written records of appointed professionals and avoid any appearance of divided loyalty or self-dealing in the administration of member claims

D. Inter-Fund Coordination and SAIF Records

1. All correspondence, meeting minutes, memoranda of understanding, emails, or notes evidencing coordination between SIF and the School Alliance Insurance Fund (SAIF) (or any other joint fund) regarding coverage, defense allocation, reserve sharing, or joint strategy for matters involving SCCC, the Town of Newton, or related insureds, from January 1, 2021 through present.

2. Any joint meeting minutes, joint claims committee reports, or shared adjuster/coverage memos that reference Coffey, Collins, Connolly, Newton, or SCCC.

3. Any invoice allocation, cost-sharing agreement, or indemnity-transfer documentation describing how SAIF and SIF allocated loss payments, defense costs, or deductible responsibilities for these matters.

E. Fund Policies, Ethics Guidance, and Fiduciary Materials

1. All SIF policies, bylaws, ethics guidance, legal opinions, or trustee training materials from January 1, 2009 through present concerning conflicts of interest, trustee duties, recusals, or disclosure requirements when a trustee simultaneously serves as a municipal official whose municipality is an insured member.

2. Any internal or external legal opinions sought or obtained regarding whether trustees with municipal affiliations may participate in deliberations on claims involving their municipalities, and any steps taken to mitigate perceived or actual conflicts.

F. Attachments, Evidence Files, and Chain-of-Custody Records

1. Produce all exhibits, attachments, or evidence files presented to the Executive Committee in closed session concerning Newton/Coffey claims, including but not limited to: audio files (e.g., .mp3), video files (.mp4), photographs, transcriptions, and forensic reports. For each audio/video file, include metadata (creation/modification date, originating device or custodian, file hash).

2. Provide any chain-of-custody or file-integrity documentation for materials introduced at the Executive Committee meetings or attached to claim files.

Response Protocols

A. Privilege/Withholding Log: If any material is withheld or redacted, produce a contemporaneous privilege/withholding log identifying: document ID, page range, author, recipient(s), date, and the precise statutory or doctrinal basis claimed for withholding. Vague or blanket claims of privilege will be treated as non-responsive.

B. Targeted Meeting Focus: Given the Fund’s own public agenda and minutes, produce immediately all materials specifically referenced by the September 18, 2025 Executive Committee agenda item and the October 16, 2025 Claim Review entries, including the exact packet pages, reserve sheets, and adjuster reports presented to the Committee.

C. Timeline: Pursuant to N.J.S.A. 47:1A-5(i), provide a substantive response within seven (7) business days of receipt. If a rolling production is necessary, provide an initial acknowledgement and an interim production schedule within that period. Failure to respond will be deemed a denial and may be met with a GRC complaint and judicial enforcement.

PUBLIC INTEREST CERTIFICATION: This request is in the public interest, targeting governmental accountability, fiduciary integrity of taxpayer-funded insurance pools, and ethics compliance. It is not submitted for commercial purposes.

Legal Notice and Remedies

Noncompliance, unreasonable delay, or improper redaction may expose the Fund and responsible officers to civil penalties under N.J.S.A. 47:1A-11 and entitlement to attorney’s fees under N.J.S.A. 47:1A-6. TRGI expressly reserves all rights to pursue administrative relief before the Government Records Council and judicial relief in the Superior Court, and to provide notice of these records to federal courts where relevant.

Please be advised that failure to produce these materials, or any attempt to conceal, alter, or destroy responsive records, may constitute willful non-compliance under N.J.S.A. 47:1A-11(b) and will be referred to the New Jersey Local Finance Board for review under the Local Government Ethics Law.

Respectfully submitted,

New Jersey Coalition for Institutional Responsibility (NJCIR)
cc: Caroline Conboy

Attachments: Executive Committee Agendas and Minutes (March 5, 2025; Feb 6, 2025; Apr 17, 2025; May 15, 2025; Jun 26, 2025; Jul 17, 2025; Aug 21, 2025; Sep 18, 2025; Oct 16, 2025).

Date: November 3, 2025.

Dear Caroline Conboy,

This correspondence serves as a courteous follow-up regarding the Open Public Records Act (OPRA) request previously submitted through the OPRAmachine platform. Please confirm whether the request has been received and advise on its current processing status or estimated completion date pursuant to N.J.S.A. 47:1A-5(i).

If the request has been denied in whole or in part, kindly provide the specific legal basis for such denial in accordance with N.J.S.A. 47:1A-6, including the name and title of the custodian responsible for the decision.

We respectfully request acknowledgment of this follow-up and any updates regarding fulfillment or required clarifications.

Thank you for your attention to this matter.

Yours faithfully,
New Jersey Coalition for Institutional Responsibility (NJCIR)