November 3, 2025

Town of Newton
Records Custodian
43 Trinity Street
Newton, NJ 07860

Re: Open Public Records Act Request – Records Concerning Litigation, Insurance, and Intergovernmental Coordination Involving the Town of Newton

Dear Records Custodian:
Pursuant to the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., and the strong presumption of access reaffirmed in Burnett v. County of Bergen, 198 N.J. 408 (2009), I hereby demand access to and copies of the following government records held by the Town of Newton. As the Supreme Court held in Asbury Park Press v. County of Monmouth, 406 N.J. Super. 1 (App. Div. 2009), any ambiguity in scope must be resolved in favor of disclosure, and exemptions must be narrowly construed.

1. Inter-Governmental Correspondence
All records, including emails, memoranda, correspondence, meeting minutes, handwritten or typed notes, reports, and attachments, exchanged between any Town of Newton official or employee (including but not limited to Thomas S. Russo, the Mayor, Council members, the Municipal Clerk, and Newton Police Department officers) and any other governmental or quasi-governmental entity (including the Sussex County Board of County Commissioners or Administrator Ron Tappan, the Sussex County Prosecutor’s Office, the Sussex County Sheriff’s Office, Sussex County Community College and its Board of Trustees, the Statewide Insurance Fund [SIF], the School Alliance Insurance Fund [SAIF], and Highland Claim Services) regarding Lee Coffey, “Coffey v. Newton”, or any claims, correspondence, or litigation arising from the same facts as outlined in Coffey v. Sussex County Community College et al. Case No. 2:25-cv-01264.

2. Insurance and Indemnification Records
All documents relating to the Town’s handling of any insurance claim, reserve, settlement, indemnification, or defense arrangement arising from events underlying Coffey v. Sussex County Community College et al. or involving Lee Coffey, including claim submissions to SIF, SAIF, or any joint insurance fund, and all communications with adjusters, fund commissioners, or counsel concerning same (including but not limited to Thomas S. Russo and Ron Tappan).

3. Governing Body Minutes and Resolutions
All Town Council or Council Committee meeting minutes, agenda packets, resolutions, executive-session minutes, or closed-session certifications from January 1, 2023 to present where any of the following were discussed, referenced, or appeared on the agenda: Lee Coffey, Jon Connolly, Sussex County Community College, SIF/SAIF insurance or indemnification matters, or any related litigation including the Kenneth Collins or Collins litigation.

4. Policies and Directives
All Town-issued policies, procedures, directives, or training materials concerning:
(a) insurance claims handling or litigation coordination;
(b) conflicts of interest for officials serving as fund commissioners or SIF/SAIF trustees;
(c) communications or coordination with Sussex County or SCCC officials; or
(d) any internal memoranda or guidance circulated after the filing of the Coffey lawsuit.

5. Meetings and Communications of Thomas S. Russo
All correspondence, notes, calendars, or records of meetings between Thomas S. Russo (in any capacity) and Sussex County officials (including County Administrator Ron Tappan or any Commissioner) concerning Coffey, Connolly, SCCC, or related litigation or claims.

Production Requirements and Legal Notice

Format: All electronic records shall be produced in native format (e.g., .msg/.pst, .xlsx, .docx, .pdf with metadata intact). Flattened or image-only PDFs are non-compliant under Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005).

Redactions: If any record is withheld or redacted, you must provide a privilege/withholding log identifying the record, author, recipient(s), date, and specific statutory exemption relied upon, as required by Paff v. Galloway Twp., 229 N.J. 340 (2017). Blanket or conclusory denials will be deemed improper.

Preservation: You are hereby placed on formal notice to preserve all potentially responsive emails, devices, cloud accounts, and archives. Deletion or alteration may constitute spoliation subject to sanctions in both GRC and judicial proceedings.

Timeframe: Pursuant to N.J.S.A. 47:1A-5(i), a complete response is due within seven (7) business days. Failure to respond shall be deemed a denial under Mason v. City of Hoboken, 196 N.J. 51 (2008).

Partial Disclosure: If any portion is legitimately exempt, produce all segregable non-exempt material and cite the precise subsection supporting each withholding.

Fees: If any fees are proposed, provide an itemized written estimate in advance; excessive or unsupported charges will be challenged.

Delivery: Please transmit all records electronically via secure download link or SFTP.

This request is made for public-interest and litigation-related purposes involving the expenditure of taxpayer funds and governance accountability. It is not for commercial use.
Failure to comply fully and in good faith may expose the Town to civil penalties under N.J.S.A. 47:1A-11 for knowing, willful, and unreasonable denials, and to an award of attorney’s fees and costs to the prevailing requestor under N.J.S.A. 47:1A-6. All rights are expressly reserved to pursue relief before the Government Records Council and the Superior Court.

Yours faithfully,
Sussex Watch Network (SWN)

Dear Town of Newton,

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,
Sussex Watch Network (SWN)