[HISTORY: Adopted by the Borough Council of the Borough of
Pemberton 5-20-2013 by Ord. No.
2013-2. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
