The claim is based on comments made at public meetings and a message board on a Web site and cites "defamation, intentional infliction of emotional distress, retaliation for exercise of free speech rights…and violation of the New Jersey Conscientious Employee Protection Act."

Borough Clerk Barbara Rae’s attorney David Ben-Asher filed the tort claim notice and the borough received it June 16. The notice, which precedes the filing of a lawsuit, names the Borough of Edgewater and Councilwoman Beatrice Robbio.

The claim said that Rae’s brother, former Mayor Thomas Tansey, spoke during the public comment portion at a mayor and council meeting in June 2007, questioning if Robbio should have voted on a matter relating to then borough Planner Joseph Burgis, whom Robbio is currently dating.

At a July 2007 mayor and council meeting, Tansey spoke again and had documents related to the issue, including some Borough documents.

According to the claim, Robbio said at a later meeting that Rae’s office provided the documents to Tansey and said Rae acted unlawfully because Tansey hadn’t made a written request under the Open Public Meetings Act (OPRA). The claim denied that Rae gave the documents to Tansey and said that if she had it wouldn’t be unlawful to give documents without an OPRA request. A private attorney and Boggia investigated how Tansey acquired the documents. Robbio brought the issue up again at a mayor and council meeting in December 2007 and Rae denied giving Tansey the documents. Robbio responded "I know you didn’t, Barbara," according to the claim.

The claim said that in May 2008, Robbio asked borough Administrator Greg Franz for the tape of the May 19 mayor and council meeting, at which she called for an investigation of actions by Borough Attorney Phil Boggia. She also e-mailed Rae requesting the tape and said that if Rae didn’t comply that day it would constitute interference with "an official investigation." The claim said no official investigation had been directed.

Rae determined that part of the meeting tape that Robbio requested hadn’t successfully recorded and told Robbio. Robbio e-mailed Rae on June 3 that "withholding information will only further negatively impact the investigation." Rae said she provided Robbio with all available documents.

Tansey spoke again at a June 9 meeting and said that Robbio did not file her annual financial disclosure statements, which Robbio denied. The claim states that the next day Robbio requested more documents relating to Boggia and also all OPRA requests made by Tansey since January 2008. Rae provided all the documents that the borough had, according to the claim.

Robbio wrote to Rae on June 10 that she had "developed a pattern in the recent months of not being able to provide public information." According to the claim, Robbio said that Rae had a conflict of interest and shouldn’t be handling requests from Tansey and referred to "collusion" by them.

The claim cites a June 9 message board post by Robbio that said she thinks Rae will continue to "drag her feet" on fulfilling her information requests and said Rae has no problem giving her brother documents "without following proper filing procedures. Then again, blood is thicker than water and down at Borough Hall they are all thick as thieves."

The claim said those statements were false and made negligently or with reckless disregard for whether they were true.