[Amended 7-3-2002 by Ord.
No. 2002-19]
A. In accordance with the provisions of N.J.S.A. 47:1A-l
et seq., the Borough Clerk shall permit a government record to be inspected,
examined and copied by any person during not less than six regular business
hours over not less than three business days per week or the Borough's regularly
scheduled business hours, whichever is less, unless a government record is
exempt from public access. Copies of government records may be made under
the supervision of the custodian, or his/her representative, upon payment
of the price established by law.
B. Notwithstanding the provisions of Subsection
A, where it shall appear that the records which are sought to be inspected, copied or examined pertain to an investigation in progress by any public agency, the right of access may be denied if the inspection, copying or examination of the records is inimical to the public interest, provided that this provision shall not be construed to allow any public agency to prohibit access to a record that was open to public inspection, examination or copying before the investigation commenced.
C. Prior to allowing access to any government record, the
Borough Clerk shall redact from that record any information which discloses
a social security number, credit card number, unlisted telephone number or
driver license number of any person, except for use by any government agency,
including any court or law enforcement agency in carrying out its functions,
or any private person or entity acting on behalf thereof or any private person
or entity seeking to enforce payment of court ordered child support, except
that a social security number contained in a record required by law to be
made, maintained or kept on file by a public agency shall be disclosed when
access to the document or disclosure of that information is not otherwise
prohibited law.
[Amended 7-3-2002 by Ord.
No. 2002-19]
The following procedure shall be utilized in regard to a request by
an individual for copies or inspection of government records in the possession
of the Borough of Seaside Heights:
A. All record requests must be made on the request form
adopted by the Borough Clerk and addressed to the Borough Clerk's office.
B. The Borough Clerk will compile the documents known to
be accessible to the public and will determine and collect the appropriate
copy fee at the time the copies are to be picked up by the individual requesting
the documents or arrange for prepayment if documents are to be mailed to said
individual.
C. Some government records will be immediately available
and some records will require time to compile and to make the copies requested,
but will generally be available during normal business hours and within seven
business days. If any document or copy which has been requested is not a public
record or cannot be provided within the seven business days, the requestor
will be provided with a response with that information within seven business
days.
D. If the Borough Clerk is unsure as to whether the certain
documents are public information, the opinion of the Borough Attorney shall
be obtained as to whether the document requested is a government record subject
to review and copying by the public. In the event the Borough Attorney determines
that the document is not subject to review or copying by the public, the Borough
Clerk will advise the individual requesting said government record.
E. The Clerk may require that routine requests from a taxpayer
or property owner for documents pertaining to one's own property, such as
duplicate tax utility bills, rental CO or violation notices, etc., can be
handled directly by the person responsible for these files, provided the individual
responsible for the files obtains a written request and the payment of the
required fee as provided above and otherwise complies with the directives
of the Clerk.
F. Under no circumstances will any employee permanently
remove documents from any files without written authorization from the Borough
Clerk.
G. The Clerk may direct that police reports be obtained
from the Seaside Heights Police Department from the individual directed by
the Clerk to handle such requests.