[HISTORY: Adopted by the Township Committee
of the Township of Mantua 2-25-2008 by Ord. No. O-03-2008. Amendments noted
where applicable.]
It is hereby declared to be the public policy
of the Township of Mantua 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 Mantua officer or employee shall be deemed to be "government records,"
as the 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 statute
or other regulation, common law practice, executive order of the Governor
of the State of New Jersey, Rules of Court, federal law or judicial
decision.
In accordance with N.J.S.A. 47:1A-5(f), the
Township Clerk is designated as the custodian of records. The Clerk
shall adopt a form for the use of any person who requests access to
public records, and such form shall contain all of the information
required by N.J.S.A. 47:1A-5(f).
A.
Any person seeking to inspect, examine or copy a public
record of the Township of Mantua shall make an application in writing
to the Township 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 Township 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 the 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 Township 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 Solicitor. A copy of the request form shall be forwarded
to the Township Solicitor, who after review and investigation, shall
issue an opinion and note such opinion on the request form and promptly
return it to the Township 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 Township 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 Township Clerk shall so advise
the requestor and shall make arrangements to make a copy of the record
available.
F.
If the request for access to a government record would
substantially disrupt municipal operations, the Township 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-5(e), immediate access
shall be granted to budgets, bills, vouchers, contracts (including
collective bargaining 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 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 the Township Clerk fails to respond within
seven business days after receiving the 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 Township Clerk shall not be required to respond
until the requestor reappears before the Township Clerk 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 Township Clerk receives the request. The requestor
shall be advised by the Township Clerk when the record can be made
available. If the record is not made available by that time, access
shall be deemed denied.
The Township 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 Township 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 Township Clerk or his or her authorized representative.
B.
In the event that the nature of a request to view
a record requires that the Township Clerk or other municipal employee(s)
to 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 Township Clerk or other employee.
[Amended 3-7-2011 by Ord. No. O-01-2011]
B.
Electronic
records.
(1)
Requests
for a record to be placed on a CD and/or DVD or floppy disk can be
done so. There is no fee if the requestor supplies the disk. A fee
of $0.96 per CD and/or DVD will be assessed to the requestor when
such a request is made and approved and the Township of Mantua must
supply the disk. Any requests for software conversions shall be subject
to the special service charge described herein. For security reasons,
the use of a floppy, CD or DVD disk provided by the requestor is prohibited.
(2)
A copy
of a record which is a sound recording, primarily minutes of a meeting,
shall assess a fee of $0.96 per CD and/or DVD for preproduction if
the Township of Mantua must supply the audiotape and no fee if the
requestor supplies the audiotape.
[Added 12-5-2011 by Ord. No. O-16-2011]
A.
In accordance
with N.J.S.A. 54:5-54, the Tax Collector shall provide to any party
entitled to redeem a certificate pursuant to this section, N.J.S.A.
54:5-54, two calculations of the amount required for redemptions within
a calendar year at no cost. For each subsequent calculation requested
from the Tax Collector there shall be a fee of $50. A request for
a redemption calculation shall be made in writing to the Tax Collector.
B.
In accordance
with N.J.S.A. 54:5-97.1, the Tax Collector may charge a lien-holder
of a tax lien $50 for the calculation of the amount due to redeem
the tax lien as required pursuant to N.J.S.A. 54:5-97.1. Any request
for a redemption calculation shall specify the date to be used for
the calculation, which shall be the date of the notice. Neither the
Tax Collector nor the Township of Mantua shall be liable for an incorrect
calculation. The fee paid to the Township of Mantua shall not become
part of the lien and shall not be passed to any party entitled to
redeem pursuant to N.J.S.A. 54:5-54.