It is hereby declared to be the public policy
of the City of Margate 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 City
of Margate 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-5f.
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 Clerk shall advise
the requestor 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.
[Amended 7-1-2010 by Ord. No. 25-2010; 11-4-2010 by Ord. No.
33-2010]
(1) The
fee per page for standard-sized paper documents 8 1/2 inches
by 11 inches or smaller shall be $0.05 per page.
(2) The
fee per page for standard sized paper documents 8 1/2 inches
by 14 inches or larger shall be $0.07 per page.
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 for the first three pages and $1 per page
for each additional page, as established by N.J.S.A. 39:4-131.
C. Electronic records.
[Amended 4-2-2009 by Ord.
No. 06-2009]
(1) 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.
(b)
CD: $1 (700 MB maximum storage).
D. Miscellaneous medium.
(1) Mailing labels: $0.50 per sheet of 30 labels (only
sold in full sheets).
E. 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 special service charge
shall be reasonable and shall be based upon the actual direct cost
of providing the copy or copies. The requestor shall have the opportunity
to review and object to the special service charge prior to it being
incurred.
F. A special charge shall be imposed, in addition to
the actual cost of duplicating the record, when the document is requested
in a medium not routinely used by the City, or requiring a substantial
amount of manipulation or programming of information technology, or
when the record is not routinely developed or maintained by the City.
The special charge shall be reasonable and shall be based on the cost
for any extensive use of information technology and for the labor
cost of programming, clerical and supervisory personnel providing
the service. 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 medium to another:
cost of duplication plus special service charges as outlined above.
H. Applicable postage shall be added for any and all
records requested by mail.
I. 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.
J. Vital records
certificates.
[Added 4-23-2009 by Ord.
No. 09-2009]
(1) The
fee to be paid to the registrar for issuing certified copies of vital
records shall be $10 per each certificate.