[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff 3-4-2003 by Ord. No. 1430. Amendments noted where
applicable.]
It is hereby declared to be the public policy
of the Township of Wyckoff to recognize the public's general right
to know pursuant to the Open Public Records Act (N.J.S.A. 47:1A-1
et seq.). All records kept in the course of official duties by any
Township of Wyckoff officer or employee shall be deemed to be government
records, as that term is defined by N.J.S.A. 47:1A-1.1, and such records
shall be subject to inspection by the public unless exempt under the
statute or other regulation, common law practice, executive order
of the Governor, rules of court, federal law or judicial decision.
[Amended 11-1-2010 by Ord. No. 1631]
In accordance with N.J.S.A. 47:1A-1.1, the Municipal
Clerk is designated as the custodian of the records. The Clerk shall
adopt a form for the use of any person who requests access to a record,
and such form shall contain all of the information required by N.J.S.A.
47:1A-5(f). The Municipal Clerk shall have the authority to designate
a custodian of police records, and the request for police records
shall be processed by such designated custodian; and such designee
is therefore responsible for compliance with the OPRA Law. The Municipal
Clerk shall have the authority to designate a custodian of library
records, and a request for library records shall be processed by such
designated custodian; and such designee is therefore responsible for
compliance with the OPRA Law.
A.
Any person seeking to inspect, examine or copy a public
record of the Township of Wyckoff shall make application in writing
to the Municipal Clerk, during regular business hours, on the form
provided. All requests for public records shall be as specific as
possible, including the type of record and date created, if known.
B.
The Municipal Clerk shall promptly comply with a request
to inspect, examine, copy or provide a copy of a government record.
If the Clerk is unable to comply with a request for access, he or
she shall indicate on the request form the specific basis of such
inability to comply and shall promptly return it to the requestor.
The Clerk shall sign and date the form and provide the requestor with
a copy thereof.
C.
In those instances where the nature of the request
or the record itself leads the Municipal Clerk to doubt whether or
not the record is a government record as defined by law or is a record
exempt from disclosure, the Clerk shall request an opinion from the
Township Attorney. A copy of the request form shall be forwarded to
the Attorney, who, after review and investigation, shall issue an
opinion.
D.
If any part of a particular record is exempt from
public access pursuant to N.J.S.A. 47:1A-1 et seq., the Clerk shall
delete, redact or excise from a copy of the record that portion which
is exempt from access and shall promptly permit access to the remainder
of the record.
E.
If the record requested is temporarily unavailable
because it is in use or in storage, the Clerk shall so advise the
requestor and shall make arrangements to make a copy of the record
available.
F.
If a request for access to a government record would
substantially disrupt municipal operations, the Clerk may deny access
to the record after attempting to reach a reasonable solution with
the requestor that accommodates the interests of the requestor and
the municipality.
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Clerk shall grant access
to a government record or deny a request for access to a record as
soon as possible, but no later than seven business days after receiving
the request, provided that the record is currently available and not
in storage or archived. In the event that the Clerk fails to respond
within seven business days after receiving a request, the failure
to respond shall be deemed a denial of the request, unless the requestor
has elected not to provide a name, address or telephone number, or
other means of contacting the requestor. If the requestor has elected
not to provide a name, address or telephone number, or other means
of contacting the requestor, the Clerk shall not be required to respond
until the requestor reappears before the Custodian seeking a response
to the original request. If the government record is in storage or
archived, the requestor shall be so advised within seven business
days after the Clerk receives the request. The requestor shall be
advised by the Clerk when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.
A.
Upon the approval of a request to view, inspect, examine
or copy a record, the record and the requestor shall remain in the
presence of the Municipal Clerk, or his or her authorized representative
at all times. Under no circumstances shall any government record be
removed from the office where it is normally kept unless accompanied
by the custodian or his or her authorized representative.
B.
In the event that the nature of a request to view
records requires that the Clerk or other municipal employee observe
or monitor such viewing for a period of time exceeding one hour, the
requestor shall be responsible for reimbursing the municipality for
time spent by the Clerk or other employee.
[Amended 6-20-2005 by Ord. No. 1502; 11-1-2010 by Ord. No. 1631]
Copies of records may be purchased for the fee
prescribed by law or regulation. If a fee is not prescribed by law
or regulation, the fee shall be the actual cost of duplicating the
records; provided, however, that where the actual cost of duplication
of a record exceeds the rates below, the actual cost shall be imposed:
A.
Standard-sized paper documents:
|
Size of Paper
(inches)
|
Fee per Page
| |
|---|---|---|
|
8 1/2 x 11
|
$0.05
| |
|
8 1/2 x 14
|
$0.07
|
B.
Large-sized paper documents and maps.
|
Type
|
Fee
| |
|---|---|---|
|
Zoning Map
|
Actual cost of duplication
| |
|
Street Map
|
$1.50
| |
|
Tax Map (per sheet)
|
$1.50
| |
|
Drug-Free School Zone Map, per sheet
|
$1.50
| |
|
Bid specification drawings
|
Actual cost of duplication
| |
|
Soil Survey Map, per sheet
|
Actual cost of duplication
| |
|
Site plan, per sheet
|
Actual cost of duplication
| |
|
Subdivision plat, per sheet
|
Actual cost of duplication
| |
|
Engineering plans, drawings, sketches and/or
maps, per sheet
|
Actual cost of duplication
|
C.
Preprinted documents.
|
Type
|
Fee
| |
|---|---|---|
|
Township Code book
|
Actual cost of duplication
| |
|
Land use pamphlet and zoning pamphlet
|
Actual cost of duplication
| |
|
Master Plan w/reexamination
|
Actual cost of duplication
| |
|
Fair share plan
|
Actual cost of duplication
| |
|
Housing element
|
Actual cost of duplication
|
D.
Police reports, photographs and tapes.
(2)
Police accident reports, when copies are requested
other than in person: $5 for the first three pages and $1 per page
for each additional page, as established by N.J.S.A. 39:4-131.
(3)
Photographs.
|
Type
|
Fee
| |
|---|---|---|
|
5 x 7 color
|
$4.00
| |
|
8 x 10 color
|
$8.00
| |
|
8 x 10 black and white
|
$6.65
|
(4)
Copy of videotape: $5; requestor to provide a blank,
new, factory-sealed videotape.
(5)
Copy of audiocassette: $5; requestor to furnish a
blank, new, factory-sealed audiocassette.
E.
Electronic records. Any requests for software conversions shall be subject to the special service charge described in Subsection G below. For security reasons, the use of a floppy disk or CD provided by the requestor is prohibited.
F.
Miscellaneous medium.
|
Type
|
Fee
| |
|---|---|---|
|
Mailing labels
|
$100
|
G.
A special service charge shall be imposed, in addition
to the actual cost of duplicating the record, where the nature, format,
manner of collation of volume of printed matter is such that it cannot
be reproduced by ordinary document-copying equipment in ordinary business
size or where such record involves an extraordinary amount of time
and effort to accommodate the request.
H.
Applicable postage shall be added for any and all
records requested by mail.
I.
Municipal lien searches: $10 per certificate and $2
per calendar year for any continuation supplied within three years
of such certificate as established in N.J.S.A. 54:5-11 et seq.
J.
List of two-hundred-foot property owners: $0.25 per
name or $10, whichever is greater, as established by N.J.S.A. 40:55D-12c.
