[Adopted 5-21-2012 by Ord. No. 12-07[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Public Records Request Form, adopted 7-15-2002 by Ord. No. 02-14.
A. 
The Municipal Clerk shall serve as the custodian of all records maintained by the City of Salem. The Municipal Clerk shall be assisted by the staff of the Clerk's office and all department heads in fulfilling the obligations under this article.
B. 
Responsibilities. The custodian of records shall have the following responsibilities:
(1) 
The custodian shall ensure that procedures are in place so that requests for department records are received, reviewed and filled, if appropriate, as required by the law.
(2) 
The custodian shall review all requests for access to department records that are held and maintained by the City of Salem and make certain that requests are appropriately acted upon within the time prescribed by law.
The public records of the City of Salem shall be accessible for examination and copying in accordance with N.J.S.A. 47:1A-1 et seq. upon the terms and conditions as hereinafter provided. Such inspection shall be made only at reasonable times during business hours and without interference with the conduct of the affairs of the office or other place where such records are kept or maintained. The City of Salem is entitled to charge and collect fees for the reproduction of any public records, which pursuant to N.J.S.A. 47:1A-5 shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger. The City shall be permitted to charge the actual cost of duplicating the record if it can be demonstrate that the actual cost exceeds the foregoing rates.
A. 
The Clerk of the City of Salem and any other department so authorized under statute or ordinance shall also charge requestor for the following:
(1) 
Upon providing photocopies of documents requested:
Page Size
(inches)
Fee
(per page)
8.5 by 11
$0.05
8.5 by 14
$0.07
(2) 
Based on actual media cost or free when provided by requestor:
(a) 
Electronic media: CDs.
(b) 
Diskettes.
(c) 
Flash drives.
(3) 
The actual cost of any document sent by mail, including cost of envelope and postage.
(4) 
Photographs will be photocopied at the rate established herein. If requests are made for duplicate photographs, the actual cost of making the photograph shall be charged.
(5) 
Any item that cannot be photocopied by the City, or not otherwise provided for by ordinance, shall be subject to a charge based on actual costs incurred in making the copy.
(6) 
Duplication of videotapes/dvds will be charged for the actual cost of the videotape/dvd.
B. 
Any citizen who is seeking a copy of documents not currently stored on City property will be charged for the retrieval and delivery of such documents as well as the cost of sending the documents back to the original location.
C. 
Should a citizen request information or documents in a medium not routinely maintained by the City or requiring a substantial amount of manipulation or programming of information technology, then the custodian of records can charge the actual cost of duplication and service charge that shall be reasonable and shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the City attributable to the City for programming, clerical and supervisory assistance required, or both, per N.J.S.A. 47:1A-5.
D. 
The custodian of records shall also charge a requestor for information or documents and the cost of postage should the request include mailing of the documents to the requestor.
E. 
Delivery of records. The custodian of records must respond within seven business days of the original request. If the record requested is not currently available or is in storage or archived, the person making the request will be advised of when the record will be made available and any estimated fees that will be applicable. The person requesting the records must personally take delivery of those records once copies are made available.