To: Wendy Barras, RMC, CMR
Records Custodian
Township of Mansfield
100 Port Murray Road
Port Murray, NJ 07865

Re: Open Public Records Act (OPRA) Request – RFP Advertising and Responses for Professional Services

Dear Ms. Barras:

Pursuant to the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), as recently amended by P.L. 2024, c.75, I hereby request access to the following public records for the full duration of the statutory retention period:

(1) All advertisements and public notices soliciting Requests for Proposals (RFPs) for all Professional Services, including but not limited to the municipal attorney.

(2) All responses submitted in reply to those RFPs, including all proposals, cover letters, pricing forms, certifications, and related materials submitted by respondents.

This request seeks copies of actual records—not summaries, explanations, or conclusions.

Certification Pursuant to OPRA Amendments (P.L. 2024, c.75):
I hereby certify that:
• I am not currently serving a sentence for conviction of an indictable offense under the laws of New Jersey, any other state, or the United States;
• I am not requesting these records for sale, resale, solicitation, or any commercial purpose;
• I will not use the requested records to harass any individual or commit any unlawful act;
• I am requesting access for a lawful purpose consistent with the public's right to transparency and accountability in local government.

Preferred Format:
If available, please provide the requested records in electronic format (PDF or equivalent) and email them to me. If any records are not maintained electronically, I request to inspect them in person at a mutually convenient time.

Please include all records regardless of original format (digital, print, or scanned), and identify the retention years covered. If any portion of the requested records is unavailable due to lawful destruction, please indicate that in your response.

If any records are withheld or redacted, please provide a written explanation citing the specific legal basis under OPRA for each denial or redaction.

Thank you for your attention to this matter. I look forward to your response within seven (7) business days, as required under OPRA.

Sincerely,
Bill Sosis

Dear Township Clerk,

2018 to the present.

Yours sincerely,

William Sosis

Dear Township Clerk,

That's fine, Ms. Barras.

Yours sincerely,

William Sosis

From: William Sosis
To: Wendy Barras, R.M.C., C.M.R., Records Custodian
Township of Mansfield
100 Port Murray Road
Port Murray, NJ 07865

Date: July 4, 2025

Re: Deficiencies in OPRA Response – RFP Advertising and Responses for Professional Services (2018–Present)

Dear Ms. Barras,

Thank you for your July 2, 2025 response to my OPRA request dated June 17, 2025. After reviewing the provided records and explanations, I must formally object to the apparent deficiencies in the Township’s response, which raise serious concerns regarding compliance with the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), and the State’s records retention requirements.

1. MISSING PUBLIC NOTICES FOR RFPS PRIOR TO 2022

Your email states there are “no responsive records for Public Notices advertising RFPs prior to 2022,” with no explanation beyond noting that this preceded your tenure. This omission is unacceptable. If RFPs were issued and professional services were procured (as reflected in the responses included), then statutorily required public notices should exist. Their absence suggests either:

- That RFPs were issued without lawful public advertisement, or
- That records required to be retained under N.J.A.C. 15:3-2.2 have been improperly discarded.

Either scenario is inconsistent with New Jersey procurement laws and OPRA. Please clarify whether public notices were ever issued, and if so, why they are not included.

2. NO RESPONSIVE RECORDS FOR 2020

You state that there are “no responsive records for the year 2020” and offer no explanation. As you know, the absence of all RFP records for a full calendar year—with no documentation, certification of non-issuance, or related procurement documents—strongly suggests a breakdown in lawful procurement or recordkeeping.

Please clarify:

- Whether any professional services were procured in 2020;
- Whether appointments were made without RFPs, and if so, under what authority;
- And whether any records existed that were since discarded.

3. DISPOSITION OF 2018 RECORDS

You assert that 2018 records were eligible for destruction as of December 31, 2024. However, you do not state whether they were in fact destroyed—only that eligibility existed.

Pursuant to N.J.A.C. 15:3-2.4 and the Records Retention Schedule, records may not be destroyed without:

- A valid Certificate of Destruction, and
- Proper authorization from the State Division of Archives and Records Management.

You provided only a Disposition Request Authorization, not a confirmation that destruction occurred. Please confirm whether these records were in fact destroyed and, if so, provide the required Certificate of Destruction.

4. FAILURE TO PROVIDE A RECORD INDEX OR STATEMENT OF WITHHOLDINGS

OPRA requires that any withheld or redacted records be identified, and the legal basis for each withholding be cited. Your response includes no such index, no log of withheld records, and no statement of redactions or denials.

Please confirm that no documents were withheld or redacted, or else provide a proper Vaughn index detailing each record withheld and the statutory exemption relied upon.

5. CONCERN OVER LAWFUL APPOINTMENTS OF MUNICIPAL ATTORNEY

Given that N.J.S.A. 40A:9-139 requires the governing body to appoint a municipal attorney annually by ordinance, there should be:

- Annual RFPs and corresponding public notices;
- Multiple responses and proposals from interested firms;
- And resolutions or meeting minutes documenting appointments.

The absence of such records for multiple years raises concern that the Township may not have complied with the statutory requirements for professional service contracting. If reappointments occurred without lawful RFP or advertisement, this should be disclosed and explained.

REQUEST FOR CLARIFICATION AND SUPPLEMENTAL RESPONSE

Pursuant to N.J.S.A. 47:1A-6, I respectfully request that the Township cure the above deficiencies by:

- Certifying whether any 2018 records were destroyed and providing the certificate;
- Explaining the absence of 2020 records and public notices prior to 2022;
- Clarifying whether any records were withheld or redacted;
- And supplementing the production to ensure all responsive materials from 2018 to present are disclosed.

Please respond within five (5) business days of receipt of this email.

Thank you for your attention to these matters.

Sincerely,
William N. Sosis