Township of Readington, NJ Article I Copies of Records

[Adopted 9-3-2002 by Ord. No. 34-2002[1]]

[1] Editor's Note: This ordinance superseded former Ch. 119, Fees, Art. I, Master Plan, adopted 4-16-1990.

§ 119-1 Policy.

It is hereby declared to be the public policy of Readington Township to recognize the public's general right to know pursuant to the Public Open Records Act (N.J.S.A. 47:1A-1 et seq.). All records kept in the course of official duties by a Readington Township 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.

§ 119-2 Custodian of records; records request form.

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-5(f).

§ 119-3 Inspection and copying of public records.

Government Records Request (OPRA)

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2015-03-25

A. 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. 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.

§ 119-4 Viewing of government records; removal prohibited.

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.

§ 119-5 Procedures and fees for purchasing copies of public records.

[Amended 7-17-2006 by Ord. No. 24-2006; 2-20-2007 by Ord. No. 3-2007; 7-6-2010 by Ord. No. 20-2010]

Copies of records may be purchased for the fee prescribed by law or regulation. The calculation used to determine the actual costs of photo copying shall be based on the following formula: total cost of paper purchased for one year (calendar or fiscal) plus the total cost of toner purchased (calendar or fiscal) divided by the annual copying volume. This calculation may be averaged for all copy machines in the Municipal Building that produce letter and legal copies. The actual calculation and price for copies will be kept on file in the Clerk’s office and shall be reviewed and revised as necessary, on an annual basis, by resolution, after certification for accuracy by the Chief Financial Officer. The Township reserves the right to waive all copying fees for documents requested if the cost per page falls under a reasonable rate to efficiently administer or below $0.10 per copy or as in state regulations. However, where the actual cost for duplication of a record exceeds the rates, actual cost shall be imposed.

A. Large-sized paper documents and maps (exceeding 11 inches by 17 inches): actual cost of duplicating plus service charge referred to in Subsection F below.

B. Preprinted documents:

	Document	Fee
	Zoning Map	$5
	Street Map	$4
	Land Use Pamphlet	$30
	Master Plan	$30
	Supplements to Master Plan, each	$30
	Senior Citizens Supplement	$50

C. Police reports and photographs:

(1) Police accident reports: charged as indicated above, if requested and picked up in person.

(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: cost of duplication.

D. Audio tape: cost of duplication.

E. Information on CD, diskette or cassette tape: $5 per CD, diskette or cassette tape.

F. A special service charge shall be imposed, in addition to the actual cost of duplicating the record, in the following circumstances: 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; or where a request is for a record in a medium not routinely used by the Township, not routinely developed or maintained by the Township or requiring a substantial amount of manipulation or programming of information technology. The special service charge shall reflect the labor cost of personnel necessary to accommodate the request or the cost for any extensive use of information technology. The special service charge rate for supervisory, programming and/or clerical services shall be charged per hour and as follows: The hourly rate shall be the hourly wage of the employee conducting the supervisory, programming and/or clerical services as set by the Township from year to year and/or P.B.A. agreement(s) from time to time. The requestor shall have the opportunity to review and object to the special service charge prior to it being incurred.

G. Applicable postage shall be added for any and all records requested by mail.

H. All records faxed will be charged based on the copying costs outlined in Subsection A above.

I. A deposit shall be paid prior to filling any 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.