[HISTORY: Adopted by the Bloomfield Council 2-4-2008 by Ord. No.
08-05. Amendments noted where applicable.]
It is hereby declared to be the public policy
of the Township 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.
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-5(f).
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, they 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
requestor 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.S.A. 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 employee salary and overtime information.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 requestor shall be
advised by the Clerk 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 their 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 their 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 10-18-2010 by Ord. No. 10-36]
Copies of records may be purchased for the fee prescribed by
law or regulation. As prescribed by law HR 559, effective November
1, 2010, copying fees shall be as follows:
B.
Large-sized paper documents and maps.
(1)
Ward and District Map: $5.
(2)
Zoning Map: $10.
(3)
Street map: $3/small and $5/large.
(4)
Drug-Free School Zone Map: $10/sheet.
(5)
Soils Survey Map: $5.
(6)
Site plan: $5.
(7)
Subdivision plat: $5.
(8)
Tax maps: $5.
(9)
Engineering plans: as prescribed by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Police reports and photographs.
(1)
Police accident reports: Same as Subsection A above, if requested in person. Five cents per page letter, $0.07 per legal-size, except $12 for DWI reports.
(2)
Police accident reports, when copies are requested other than in
person: $2 per report. If mailed the fee will be $2 for the report
plus the rest of the cost of postage.
(3)
Photographs: $5 each photo.
E.
Electronic records.
(3)
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.
F.
Miscellaneous media.
G.
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 requestor shall be required
to prepay a deposit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Conversion of records from one medium to another. Cost of duplication
will be the cost by the Township to duplicate as requested; man hours
or administrative fee will not be charged.
I.
Applicable postage shall be added for any and all records requested
by mail.
J.
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.
