[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 11-22-2005 by Ord. No. 05-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed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:
The form which shall be adopted by the custodian of government
records for use by any person who requests access to government records.
The Town Clerk.
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.
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.
A.
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.
B.
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.
C.
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.
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.
G.
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.
A.
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.
B.
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.
C.
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.
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 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.
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 two hours,
the requestor shall be responsible for reimbursing the municipality
for time spent by the Clerk or other employee.
