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Special Counsel Legal Services Contracts, Billing, and Vendor Records (2026)

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Subject: OPRA Request – Special Counsel Legal Services Contracts, Billing, and Vendor Records (2026)

Dear Custodian of Records,
This is a request for government records under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and independently under the common law right of access.
This request is submitted electronically pursuant to N.J.S.A. 47:1A-6(f), which provides that an email from a requestor containing all the information required on a record request form shall suffice in lieu of a paper form.

I further note the following legal principles applicable to this request:
The Open Public Records Act must be liberally construed in favor of access. See N.J.S.A. 47:1A-1; Burnett v. County of Bergen, 198 N.J. 408 (2009).

The governmental custodian bears the burden of proving any lawful denial. See N.J.S.A. 47:1A-6; Courier News v. Hunterdon County Prosecutor’s Office, 378 N.J. Super. 539 (App. Div. 2005).

Expenditure of public funds and retention of outside counsel weigh strongly in favor of disclosure. See Mason v. City of Hoboken, 196 N.J. 51 (2008).

Billing records, vendor identities, contracts, purchase orders, invoices, and payment records are government records subject to disclosure; privilege does not automatically shield transactional documentation. See O’Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012); N. Jersey Media Group v. State, 451 N.J. Super. 282 (App. Div. 2017); ACLU of N.J. v. County of Hudson, 352 N.J. Super. 44 (App. Div. 2002).

Certifications
I certify the following:
I have not been convicted of any indictable offense in New Jersey or elsewhere.

I am not seeking the requested records for a commercial purpose.

This request is not being made in connection with pending litigation.

Records Requested

All records concerning the Sussex County resolution titled:

RESOLUTION RE: AWARD OF CONTRACT EXTENSION THROUGH THE COMPETITIVE CONTRACTING PROCESS FOR SUSSEX COUNTY SPECIAL COUNSEL FOR LEGAL SERVICES TO VARIOUS VENDORS FROM JANUARY 1, 2026 THROUGH DECEMBER 31, 2026 IN AN AMOUNT NOT TO EXCEED $200,000.00.

Including, without limitation, the following categories of records:
All awarded vendor or law firm names and identities, including subcontractors and third‑party providers.

Executed contracts, engagement or retainer agreements, scopes of services, amendments, and term sheets for each vendor associated with this award.

Competitive contracting submissions and evaluation materials, including proposals, scoring sheets, award determinations, and procurement justifications.

Purchase orders, payment vouchers, invoices, billing summaries, disbursement records, payment authorizations, and accounting entries tied to this contract authorization.

Internal matter or billing reference names/codes, case or subject identifiers, and any matter‑tracking logs or time‑entry summaries.

County Counsel memoranda, departmental recommendations, or administrative records that supported the award or extension (excluding privileged legal advice content but not excluding factual attachments, vendor identities, or fiscal content).

Approval chains, departmental routing sheets, signatory records, and records identifying the county official(s) responsible for oversight or authorization of these contracts.

Vendor qualification and compliance documents, including certificates of insurance, W‑9 forms, business registration documents, political contribution disclosures, and affirmative action compliance filings.

All electronic communications (emails and attachments) transmitting, approving, coordinating, or executing this contract award at the administrative level, with all associated metadata (timestamps, sender, recipient, and subject lines).

If any portion of a record is withheld or redacted, please provide a privilege log that identifies with particularity:
The specific statutory or common‑law basis for each withholding or redaction;

A general description of the withheld content sufficient to permit meaningful review; and

The governmental interest asserted and why it outweighs the presumption of access.

Billing amounts, vendor identities, executed contract terms, purchase orders, and payment approvals are not subject to redaction as attorney‑client privileged communications. See O’Boyle, ACLU of N.J., and N. Jersey Media Group.

This request constitutes formal notice to preserve all responsive records, including emails, electronic files, accounting ledgers, document management system entries, and backup media. No responsive records should be destroyed, altered, purged, or otherwise rendered unavailable.

Please provide records electronically in searchable PDF or native electronic formats.

Do not flatten or image files in a way that removes metadata. Email productions must include full header information and attachments.

Rolling production is acceptable. Please confirm receipt of this request and provide an estimated date of initial production.

If Not the Custodian

If you are not the custodian of any requested records, identify the appropriate custodian and either forward this request or provide contact information so the requestor may do so in accordance with N.J.S.A. 47:1A‑6.

Respectfully,
New Jersey Coalition for Institutional Responsibility (NJCIR)

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Good evening,

Please accept this email on behalf of Sussex County.

The County is in receipt of your OPRA request for the following:

All records concerning the Sussex County resolution titled:

RESOLUTION RE: AWARD OF CONTRACT EXTENSION THROUGH THE COMPETITIVE
CONTRACTING PROCESS FOR SUSSEX COUNTY SPECIAL COUNSEL FOR LEGAL SERVICES
TO VARIOUS VENDORS FROM JANUARY 1, 2026 THROUGH DECEMBER 31, 2026 IN AN
AMOUNT NOT TO EXCEED $200,000.00.

Including, without limitation, the following categories of records:

All awarded vendor or law firm names and identities, including
subcontractors and third‑party providers.

Executed contracts, engagement or retainer agreements, scopes of services,
amendments, and term sheets for each vendor associated with this award.

Competitive contracting submissions and evaluation materials, including
proposals, scoring sheets, award determinations, and procurement
justifications.

Purchase orders, payment vouchers, invoices, billing summaries,
disbursement records, payment authorizations, and accounting entries tied
to this contract authorization.

Internal matter or billing reference names/codes, case or subject
identifiers, and any matter‑tracking logs or time‑entry summaries.

County Counsel memoranda, departmental recommendations, or administrative
records that supported the award or extension (excluding privileged legal
advice content but not excluding factual attachments, vendor identities,
or fiscal content).

Approval chains, departmental routing sheets, signatory records, and
records identifying the county official(s) responsible for oversight or
authorization of these contracts.

Vendor qualification and compliance documents, including certificates of
insurance, W‑9 forms, business registration documents, political
contribution disclosures, and affirmative action compliance filings.

All electronic communications (emails and attachments) transmitting,
approving, coordinating, or executing this contract award at the
administrative level, with all associated metadata (timestamps, sender,
recipient, and subject lines).

You request is denied. The County has no documents responsive to your
request. Please see Pusterhofer v. N.J. Dep’t of Educ., GRC Complaint No.
2005-49 (July 2005): The Council determined that no unlawful denial of
access occurred because the custodian certified that no responsive records
existed and there was no evidence in the record to refute her
certification. See also Pavlenko v. Twp. of Delran (Burlington), GRC
Complaint No. 2010-325 (March 2012).

Moreover, as of September 3, 2024, the OPRA laws were amended. The new
amendments prohibit a party to a legal proceeding from filing an OPRA
request, if the records sought are the subject of a court order or pending
discovery request. It is our good faith belief that this request is in
fact being made by a party to a current legal proceeding. Therefore, each
of the aforementioned requests, in addition to any and every other request
not otherwise specifically reflected herein, is denied under N.J.S.A.
47:1A-1.1

Thank you,

Serena DiMaso, Esq

Florio, Perrucci, Steinhardt, Cappelli & Tipton LLC

91 Larry Holmes Dr.

Easton, PA 18042

Cell: 848.893.6669

[1][email address] / [2]www.floriolaw.com

Licensed in NYS

STATEMENT OF CONFIDENTIALITY: The information contained in this
transmission including any attached documentation is privileged and
confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution or copy of
this communication is strictly prohibited. If you have received this
communication in error, please notify Florio Perrucci Steinhardt Cappelli
& Tipton LLC immediately by replying to this e-mail. Please delete all
copies of this message and any attachments immediately.

From: New Jersey Coalition for Institutional Responsibility (NJCIR)
<[OPRA #83242 email]>
Sent: Monday, November 10, 2025 10:45 AM
To: Serena DiMaso <[Sussex County request email]>
Subject: OPRA request - Special Counsel Legal Services Contracts, Billing,
and Vendor Records (2026)

Subject: OPRA Request – Special Counsel Legal Services Contracts, Billing,
and Vendor Records (2026)

Dear Custodian of Records,

This is a request for government records under the New Jersey Open Public
Records Act, N.J.S.A. 47:1A-1 et seq., and independently under the common
law right of access.

This request is submitted electronically pursuant to N.J.S.A. 47:1A-6(f),
which provides that an email from a requestor containing all the
information required on a record request form shall suffice in lieu of a
paper form.

I further note the following legal principles applicable to this request:

The Open Public Records Act must be liberally construed in favor of
access. See N.J.S.A. 47:1A-1; Burnett v. County of Bergen, 198 N.J. 408
(2009).

The governmental custodian bears the burden of proving any lawful denial.
See N.J.S.A. 47:1A-6; Courier News v. Hunterdon County Prosecutor’s
Office, 378 N.J. Super. 539 (App. Div. 2005).

Expenditure of public funds and retention of outside counsel weigh
strongly in favor of disclosure. See Mason v. City of Hoboken, 196 N.J. 51
(2008).

Billing records, vendor identities, contracts, purchase orders, invoices,
and payment records are government records subject to disclosure;
privilege does not automatically shield transactional documentation. See
O’Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012); N.
Jersey Media Group v. State, 451 N.J. Super. 282 (App. Div. 2017); ACLU of
N.J. v. County of Hudson, 352 N.J. Super. 44 (App. Div. 2002).

Certifications

I certify the following:

I have not been convicted of any indictable offense in New Jersey or
elsewhere.