It is hereby declared to be the public policy
of the 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 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).
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.
[Amended 10-18-2010 by Ord. No. 10-36]
Copies of records may be purchased for the fee prescribed by
law or regulation. As prescribed by law HR 559, effective November
1, 2010, copying fees shall be as follows:
A. Letter and legal.
(1) Letter size: $0.05 per page.
(2) Legal size: $0.07 per page.
B. Large-sized paper documents and maps.
(1) Ward and District Map: $5.
(3) Street map: $3/small and $5/large.
(4) Drug-Free School Zone Map: $10/sheet.
(9) Engineering plans: as prescribed by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Police reports and photographs.
(1) Police accident reports: Same as Subsection
A above, if requested in person. Five cents per page letter, $0.07 per legal-size, except $12 for DWI reports.
(2) Police accident reports, when copies are requested other than in
person: $2 per report. If mailed the fee will be $2 for the report
plus the rest of the cost of postage.
(3) Photographs: $5 each photo.
E. Electronic records.
(1) Copy of DVD.
(a)
Tape supplied by requestor: N/A.
(b)
Tape supplied by municipality: $1.
(2) Copy of audiotape.
(a)
Tape supplied by requestor: N/A.
(b)
Tape supplied by municipality: $1.
(3) 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.
(a)
CD: $25 plus cost of CD ($1 each).
(b)
DVD: $25 plus cost of DVD ($1 each).
F. Miscellaneous media.
(2) Mailing labels: $35 minimum charge in each case.
(a)
Nonprofit organization:
[1]
$0.04 per label for first set.
[2]
$0.03 per label for two or more sets.
(b)
Other organizations:
[1]
$0.05 per label for the first set.
[2]
$0.04 per label for two or more sets.
G. 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 be required
to prepay a deposit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H. Conversion of records from one medium to another. Cost of duplication
will be the cost by the Township to duplicate as requested; man hours
or administrative fee will not be charged.
(1) Conversion of paper record to electronic form:
(a)
One to 10 pages: $0.75 per page.
(b)
Eleven to 20 pages: $0.50 per page.
(c)
All over 20: $0.25 per page.
I. Applicable postage shall be added for any and all records requested
by mail.
J. 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.