[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 11-22-2005 by Ord. No. 05-19. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 20, Records, adopted 10-14-1997 by Ord. No. 97-8.
It is hereby declared to be the public policy of the Town of Clinton 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 Town of Clinton officer, agency or board shall be deemed to be a "government record," 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, the Rules of the Court, federal law or judicial decision.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESS FORM
- The form which shall be adopted by the custodian of government records for use by any person who requests access to government records.
- CUSTODIAN OF GOVERNMENT RECORDS or CUSTODIAN
- The Town Clerk.
- GOVERNMENT RECORDS(S) or RECORD(S)
- Any information subject to public inspection which is maintained by the Town in written, audio, video, electronic or other form and as defined by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
- Any person who requests access to a government record pursuant to this section or the state law on examination and copies of public records, N.J.S.A. 47:1A-1 et seq.
- SPECIAL SERVICE CHARGE
- A charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with extensive use of Town information, technology or resources, or the extensive clerical or supervisory assistance by Town personnel necessary to accommodate requests to examine and/or provide copies of the record(s), and as defined by the Open Public Records Act, N.J.S.A. 47:1A-5c and 47:1A-5d.
The custodian of government records shall adopt an access form for use by a requestor and shall make recommendations to the Town regarding the appropriate fees to be charged for access to and copies of government records. The access form shall contain all information required by N.J.S.A. 47:1A-5f.
The fees for copies of government records are set forth in Chapter 73 of the Code of the Town of Clinton.
A special service charge may be applied by the custodian of records or his/her designee. The circumstances and fee establishing the special service charge are set forth in Chapter 73 of the Code of the Town of Clinton.
Any person seeking to inspect, examine or copy a public record of this municipality shall make application in writing to the Town Clerk, during regular business hours on the form provided. All requests for public records shall be as specific as possible.
The Town 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 for 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.
In those instances where the nature of the request or the record itself leads the Town 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 Town Attorney. A copy of the request form shall be forwarded to the Attorney, who, after review and investigation, shall issue an opinion and note such opinion on the request form and promptly return it to the Town Clerk.
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.
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.
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.
As required by N.J.S.A. 47:1A-5e, immediate access shall be granted for access to budgets, bills, vouchers, contracts (including collective negotiations agreements and individual employment contracts), and public salary and overtime information.
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 not 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 Cleric 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.
The Clerk shall post prominently in public view, in or adjacent to the Clerk's office, a statement that sets forth in clear, concise and specific terms the right to appeal a denial of or failure to provide access to a government record and the procedure by which an appeal may be filed.
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 Town 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.
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 two hours, the requestor shall be responsible for reimbursing the municipality for time spent by the Clerk or other employee.