[Adopted 9-10-2002 by Ord. No. 2002-14 (Ch. 7 of the 1992 Code); amended
in its entirety 6-14-2016 by Ord.
No. 2016-11]
It is hereby declared to be the public policy of this Township
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 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 Chief of Police of the
Cranford Police Department shall be designated as Deputy Custodian
of Government Records for documents pertaining to Police Department
matters.
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.
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. Standard-sized
paper documents.
(1) Per
letter size page or smaller: $0.05.
(2) Per
legal size page or larger: $0.07.
B. Police
reports and photographs.
(1) Police accident reports: same as Subsection
A above, if requested and picked up in person.
(2) Police
accident reports, when copies are requested other than in person:
$5, as established by N.J.S.A. 39:4-131.
C. 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 fee shall be assessed on a case-by-case
basis using the standards and criteria established by the Government
Records Council as may be amended from time to time. The requestor
shall have the opportunity to review and object to the special service
charge prior to it being incurred.
D. Conversion
of records from one medium to another: cost of duplication plus special
service charges.
E. Applicable
postage shall be added for any and all records requested by mail.
F. 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.