[HISTORY: Adopted by the Township Council of the Township
of Galloway as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 189.
[Adopted 1-26-2010 by Ord. No. 1800]
It is hereby declared to be the public policy of the Township
of Galloway 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.
A.
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.
B.
In accordance with N.J.S.A. 47:1A-1.1, the governing body may designate
a Deputy Custodian of records for other public agencies. The governing
body designates the Captain of the Police Department as Deputy Custodian
for all Police Department records requests. The Municipal 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.
A.
Any person seeking to inspect, examine or copy a public record of
this municipality shall make application in writing to the Municipal
Clerk, during regular business hours, on the form provided. All requests
for public records shall be as specific as possible, including the
type of record and date created, if known.
B.
The Municipal Clerk shall promptly comply with a request to inspect,
examine, copy or provide a copy of a government record. If the Clerk
is unable to comply with a request for access, he or she shall indicate
on the request form the specific basis for such inability to comply
and shall promptly return it to the requestor. The Clerk shall sign
and date the form and provide the requestor with a copy thereof.
C.
In those instances where the nature of the request or the record
itself leads the Municipal Clerk to doubt whether or not the record
is a government record as defined by law or is a record exempt from
disclosure, the Clerk shall request an opinion from the Municipal
Attorney. A copy of the request form shall be forwarded to the Attorney,
who, after review and investigation, shall issue an opinion and note
such opinion on the request form and promptly return it to the Municipal
Clerk.
D.
If any part of a particular record is exempt from public access pursuant
to N.J.S.A. 47:1A-1 et seq., the Clerk shall delete, redact or excise
from a copy of the record that portion which is exempt from access
and shall promptly permit access to the remainder of the record.
E.
If the record requested is temporarily unavailable because it is
in use or in storage, the Clerk shall so advise the requester and
shall make arrangements to make a copy of the record available.
F.
If a request for access to a government record would substantially
disrupt municipal operations, the Clerk may deny access to the record
after attempting to reach a reasonable solution with the requestor
that accommodates the interests of the requestor and the municipality.
G.
As required by N.J.SA. 47:1A-5e, immediate access shall be granted
for access to budgets, bills, vouchers, contracts (including collective
negotiations agreements and individual employment contracts), and
public salary and overtime information.
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.
A.
Upon the approval of a request to view, inspect, examine or copy
a record, the record and the requestor shall remain in the presence
of the Municipal Clerk or his or her authorized representative at
all times. Under no circumstances shall any government record be removed
from the office where it is normally kept unless accompanied by the
custodian or his or her authorized representative.
B.
In the event that the nature of a request to view records requires
that the Clerk or other municipal employee observe or monitor such
viewing for a period of time exceeding one hour, the requestor shall
be responsible for reimbursing the municipality for time spent by
the Clerk or other employee.
[Amended 7-27-2010 by Ord. No. 1822]
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. The actual
costs have been determined to be the following:
B.
However, where the actual cost for duplication of a record is more
time-consuming than regular printed materials, i.e., nonprinted materials
including, but not limited to, maps and photographs, then the rates
above may be exceeded, but in no event shall the cost exceed the following:
(1)
Standard-sized paper documents, up to 8 1/2 inches by 14 inches in
size:
|
Number of Pages
|
Fee
|
|---|---|
|
1 to 10
|
$0.75 per page
|
|
11 to 20
|
$0.50 per page
|
|
All over 20
|
$0.25 per page
|
D.
Electronic records.
(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.
E.
Miscellaneous medium.
(1)
Mailing labels: actual cost per sheet of 30 labels; only sold in
full sheets.
F.
Applicable postage shall be added for any and all records requested
by mail.
G.
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.
