[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells 3-17-2009 by Ord. No. 2009-865; amended in its entirety 2-4-2014 by Ord. No.
2014-944. Subsequent amendments noted where applicable.]
A.
The Borough Clerk shall permit a public record not exempt from public
access under statute or regulation to be inspected, examined, or copied
by any person in accordance with the Open Public Records Act (OPRA)[1] and this chapter. Requests for public record examination
or copies under the Open Public Records Act will be accepted by the
office of the Borough Clerk on Tuesdays, Wednesdays and Thursdays
between 9:00 a.m. and 3:00 p.m.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B.
Requests for public records will be accepted by hand delivery to
the office of the Borough Clerk or by mail. Mail received on days
other than days when requests are accepted will be considered received
on the next available day when requests are accepted. Requests may
be made using a request form available at the office of the Borough
Clerk or by written correspondence containing the information necessary
to process the request. Electronic or facsimile requests cannot be
accepted as the Borough does not have dedicated addresses or lines
available for such requests.
The Borough Clerk shall permit access to a public record and,
when requested, will provide a copy thereof in the medium designated
in the request if the Borough maintains the record in that medium.
If the Borough does not maintain the record in the medium requested,
the Borough Clerk is not required to convert the record into the medium
requested and will provide a hard copy of the public record (if requested).
The statutory fee schedule shall apply to routine requests under
the Open Public Records Law. The fees of N.J.S.A. 47:1A-5 are hereby
incorporated herein as such fee schedule presently exists or as such
fees might appear in future modifications or amendments of the statute.
At present time, fees under N.J.S.A. 47:1A-5 for routine copies of
municipal documents are $0.05 per letter size page or smaller or $0.07
per legal size page or larger. The fee for copies of plans, maps,
tapes, oversized copies, or other mediums shall be the Borough's
actual costs. The Borough will inform the requestor of the amount,
and the fee must be paid in full prior to copies being made.
A copy or copies of a public record requested under the Open
Public Records Act shall be available to be picked up at the Office
of the Borough Clerk within the period allowed for response under
the Open Public Records Act. A requestor may alternatively request
that a response be mailed, provided that the requestor includes a
self-addressed stamped envelope with the request. Responses will not
be made electronically unless the Borough maintains the public record
electronically, the medium requested is electronic, and the requestor
has provided an electronic address in the request.
The Borough Clerk shall post prominently in public view in the
part of the office that is open to or frequented by the public 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 by any person for inspection, examination, or copying or for
purchase of copies thereof and the procedure by which an appeal may
be filed.
