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 "government
records," as that term is defined by N.J.S.A. 47:1A-1.1, 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.
A.
Except as provided in Subsection B of this section, in accordance with N.J.S.A. 47:1A-1.1, the Borough Clerk is the custodian of records. The Borough 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.
B.
The Borough Clerk may designate the Chief of Police
as custodian of police records so as to facilitate the process of
providing access to police records.
A.
Any person seeking to inspect, examine or copy a public
record of the Borough shall make application in writing to the Borough
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 Borough Clerk shall promptly comply with a request
to inspect, examine, copy or provide a copy of a government record.
If the Borough 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 Borough 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 Borough Clerk to doubt whether or not
the record is a "government record" as defined by law or is a record
exempt from disclosure, the Borough Clerk shall request an opinion
from the Borough Attorney. A copy of the request form shall be forwarded
to the Borough Attorney, who, after review and investigation, shall
issue an opinion and note such opinion on the request form and promptly
return it to the Borough 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 Borough 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 Borough 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 Borough operations, the Borough 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 Borough.
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.
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Borough 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 Borough
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 Borough 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 Borough Clerk receives the request.
The requestor shall be advised by the Borough Clerk when the record
can be made available. If the record is not made available by that
time, access shall be deemed denied.
The Borough Clerk shall post on the Borough's
public bulletin board 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 Borough 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 Borough 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 Borough Clerk or other employee.
[Amended 6-16-2003 by Ord. No. 824-03; 5-17-2004 by Ord. No.
850-04; 8-16-2004 by Ord. No. 852-04; 12-20-2004 by Ord. No. 871-04; 3-19-2007 by Ord. No.
932-07; 5-21-2007 by Ord. No. 945-07; 12-6-2010 by Ord. No.
1024-10]
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.
Paper documents.
|
Page Type
|
Fee
| |
|---|---|---|
|
Letter-size page or smaller (8 1/2 inches
by 11 inches)
|
$0.05/page
| |
|
Legal-size page or larger (8 1/2 inches
by 14 inches)
|
$0.07/page
|
(1)
If
the municipality can demonstrate that the actual costs for duplication
of a government record exceeds the foregoing rates, it shall be permitted
to change the actual costs of duplicating the record.
B.
Odd-sized paper documents, maps and miscellaneous
documents:
|
Document
|
Fee
| |
|---|---|---|
|
Zoning Map
|
$1
| |
|
Street Map
|
$0.07/page
| |
|
Drug-Free School Zone Map
|
Actual cost of reproduction
| |
|
Site plan
|
Actual cost of reproduction
| |
|
Subdivision plat
|
Actual cost of reproduction
| |
|
Tax Maps
|
Actual cost of reproduction
| |
|
Engineering plans
|
Actual cost of reproduction
| |
|
Duplicate tax bill
|
$5 for first copy; $25 for second copy
| |
|
Certified copy of vital statistics record
|
$15/copy
| |
|
List of property owners within 200 feet
|
$10
|
C.
Preprinted documents.
|
Document
|
Fee
| |
|---|---|---|
|
Land use pamphlet
|
Actual cost of reproduction
| |
|
Master plan
|
Actual cost of reproduction
|
D.
Police records.
(2)
Police accident reports, when copies are requested other than in person, a fee, in addition to the fee set forth in Subsection A above, of up to $5 may be added to cover administrative costs.
(3)
Typed statements: $15 for the first two pages and
$5 for each additional page.
(4)
Photographs: actual cost of reproducing.
(5)
Fingerprints: Each individual set of fingerprints
consisting of one to three cards taken for the benefit of other than
law enforcement or governmental agencies: $1 per set. In the event
any one order requests the fingerprinting of more than 10 individual
sets at any one sitting: $0.50 per set in excess of 10.
E.
Electronic records:
F.
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.
G.
Conversion of records from one format to another:
Actual cost of reproduction.
H.
Applicable postage shall be added for any and all
records requested by mail.
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.
J.
Tax lien
redemption calculations:
(1)
For
any party entitled to redeem a tax sale certificate pursuant to N.J.S.A
54:5-54, the tax collector shall provide two free calculations per
calendar year; thereafter, $50 for each subsequent calculation requested
of the tax collector. Request shall be made in writing to the tax
collector.
(2)
For
a lienholder, $50 per calculation pursuant to N.J.S.A. 54:5-97.1.
Request must specify date to be used for the calculation.
