[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 7-23-1974 by Ord. No.
480; amended in its entirety 9-23-2003 by Ord. No. 879. Subsequent amendments noted where applicable.]
It is hereby declared to be the public policy of this Borough
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 Borough 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.
In accordance with N.J.S.A. 47:1A-1.1, the Municipal Clerk is
designated as the custodian of 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-5f.
A.Â
Any person seeking to inspect, examine or copy a public record of
this municipality 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.Â
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 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.Â
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 Municipal
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 Municipal
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.
D.Â
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.
E.Â
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.
F.Â
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 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.
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.Â
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.Â
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 1/2 hour, the requestor shall
be responsible for reimbursing the municipality for time spent by
the Clerk or other employee.
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 record; provided,
however, that where the actual cost for duplication of a record exceeds
the rates below, the actual cost shall be imposed.
A.Â
Standard-sized paper documents, up to 8Â 1/2 inches by 14 inches
in size:
|
Pages
|
Fee Per Page
| |
|---|---|---|
|
1 to 10
|
$0.75
| |
|
11 to 20
|
$0.50
| |
|
All over 20
|
$0.25
|
B.Â
Large-sized paper documents and maps:
|
Document
|
Fee
| |
|---|---|---|
|
Zoning Map and Schedule
|
$2
| |
|
Street Map
|
$1
| |
|
Drug-Free School Zone Map
|
$1 per square foot
| |
|
Soils Survey Map
|
$1 per square foot
| |
|
Site plan
|
$1 per square foot
| |
|
Subdivision plat
|
$1 per square foot
| |
|
Tax Maps (11 x 17)
|
$1
| |
|
Engineering plans
|
$1 per square foot
|
C.Â
Preprinted documents:
|
Document
|
Fee
| |
|---|---|---|
|
Copy of the Code book
|
$261 or current price, whichever is greater
| |
|
Each Code supplement
|
$20 per copy
| |
|
Zoning pamphlet
|
$25 per copy
| |
|
Land Use pamphlet
|
$15 per copy
| |
|
Master Plan
|
$25 per copy
| |
|
Subdivision pamphlet
|
$15 per copy
| |
|
Tax Map booklet (11 x 17)
|
$20 per copy
|
D.Â
Police reports and photographs:
(2)Â
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)Â
Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
[Amended 11-23-2004 by Ord. No. 891]
(4)Â
A fee of $10 is hereby established for fingerprinting of any individual.
(5)Â
For Municipal Court discovery, videotapes shall be charged at the
rate of $5 per videotape.
[Added 11-23-2004 by Ord. No. 891]
(6)Â
On any item that cannot be photocopied on the Borough copy machine
or not otherwise provided for herein, the actual cost incurred in
making the copy shall be charged.
[Added 11-23-2004 by Ord. No. 891]
(7)Â
Actual postage shall be charged for any discovery sent by mail, as
well as $0.25 for the envelope for any discovery sent by mail.
[Added 11-23-2004 by Ord. No. 891]
(8)Â
Where Municipal Court discovery must be obtained from an entity other
than the Borough of Ho-Ho-Kus, e.g., another police department, the
actual cost paid to the other entity shall be paid by the requestor.
[Added 11-23-2004 by Ord. No. 891]
E.Â
Electronic records:
(3)Â
Copy of electronic document or database. The following fees cover
the cost of copying existing files to a floppy disk or CD. Any requests
for software conversions shall be subject to the special service charge
described below. For security reasons, the use of a floppy disk or
CD provided by the requestor is prohibited.
F.Â
Miscellaneous:
|
Document
|
Fee
| |
|---|---|---|
|
Municipal lien search, under N.J.S.A. 54:5-11
|
$10
| |
|
Tax search, N.J.S.A. 54:5-13 and 54:5-14
|
$10
| |
|
Tax search continuation, per year, N.J.S.A. 54:5-15
|
$2
| |
|
Tax bills (1st copy)
|
$2
| |
|
Subsequent copy, N.J.S.A. 54:4-64
|
$5
| |
|
List of property owners, under N.J.S.A. 40:55D-12c
|
$0.25 per name or $10, whichever is more
| |
|
Certified copy of death certificate
[Amended 3-27-2007 by Ord. No. 925] |
$15
| |
|
Certified copy of marriage and birth certificates
[Amended 3-27-2007 by Ord. No. 925] |
$20
|
G.Â
A special service charge shall be imposed, in addition to the actual
cost of duplicating the record, where the nature, format, manner of
collation or 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 expenditure of time
and effort to accommodate the request. The requestor shall have the
opportunity to review and object to the special service charge prior
to it being incurred. Charges shall be as follows:
(1)Â
The actual cost (materials and supplies but no staff labor) of duplication
or reproduction; plus
(2)Â
A special service charge of $50 per hour or the actual direct cost
of labor (if less) shall be imposed for each hour of extraordinary
time predicted to be utilized to respond to the request. The rate
shall be assessed in ten-minute increments. A deposit of 50% of the
estimated amount shall be made at the time of the request if the estimated
cost of reproducing and/or special service charge exceeds $25. The
balance will be paid at the time of pickup of documents.
I.Â
Applicable postage shall be added for any and all records requested
by mail.
J.Â
A deposit shall be paid prior to filling any anonymous request where
it is estimated that the information requested will cost in excess
of $5 to reproduce. The amount of the deposit shall equal the total
estimated cost of filling the request.
Nothing in this chapter shall require the custodian of documents
or any other municipal official to examine, analyze, tabulate or interpret
documents which are subject to production under the New Jersey Open
Public Records Act.[1] Nothing in this chapter shall be construed as requiring
the Borough of Ho-Ho-Kus to furnish copies of any privileged documents
or other documents which have been determined not disclosable in accordance
with law.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
The Borough of Ho-Ho-Kus may be compelled by New Jersey law
to produce or duplicate governmental records, but no compliance with
these legal obligations shall be deemed to constitute a license, sublicense
or waiver of copyright laws. The Municipal Clerk shall give the following
notice to any requestor of governmental records:
|
Notice: Copyright Laws
| |
|---|---|
|
You must comply with United States copyright laws. These laws
may restrict your right to use, duplicate or modify the records provided
to you by the Borough of Ho-Ho-Kus. You should consult your own legal
counsel on this, since severe civil and criminal penalties for violation
of copyright laws are provided.
|
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter, which shall remain in full force and effect, and,
to this end, the provisions of this chapter are hereby declared to
be severable.
All other ordinances of the Borough, or parts thereof, which
are in conflict with this chapter are hereby repealed to the extent
of such conflict.
This chapter shall take effect upon passage and publication
as required by law.
