[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 5-20-2013 by Ord. No. 2013-2. Amendments noted where applicable.]
Fees — See Ch. 93.
The Borough Clerk shall permit a government record to be inspected, examined, and copied by any person from the hours of 9:00 a.m. to 11:00 a.m. on Tuesday, Wednesday and Thursday.
The fee for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter-size page or smaller and $0.07 per legal-size page or larger. If the Borough can demonstrate that its actual costs for duplication of a government record exceed the foregoing rates, the public agency shall be permitted to charge the actual cost of duplicating the record. The actual cost of duplicating the record, upon which all copy fees are based, shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy, except for special service charges.
Access to electronic records and nonprinted materials shall be provided free of charge, but the Borough may charge for the actual costs of any needed supplies such as computer discs.
Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied is such that the record cannot be reproduced by ordinary document-copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the Borough Clerk may charge, in addition to the actual cost of duplicating the record, a special service charge for any clerical time required to respond to the government record request. The special service charge shall be based upon the hourly rate of the lowest-level employee capable of fulfilling such request without consideration of fringe benefits and shall be multiplied by the number of hours spent in responding to the request. The maximum hourly rate which may be charged is $ 15.45. The requestor shall have the opportunity to review and object to the special service charge prior to it being incurred; and if the requestor and the Borough Clerk are unable to reach an agreement as to the amount of the special service charge, the request shall be deemed denied, and the requestor may apply to either the Government Records Council or the Superior Court.
Unless a shorter 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 government 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.
If the government record is in storage or archived, the requestor shall be so advised within seven business days after the custodian receives the request. The requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.