[Adopted 8-6-2002 by Ord. No. 30-2002 (Ch. 102, Art. II, of the 1990 Code)]
[Amended 8-7-2007 by Ord. No. 36-2007; 3-11-2008 by Ord. No. 6-2008]
For the purpose of implementing and discharging those responsibilities under the Open Public Records Acts, the Municipal Clerk of the Township of Mount Olive is hereby designated as the Custodian of Municipal Records or, in his/her absence, the Deputy Municipal Clerk. The Municipal Clerk shall prepare and adopt application and response forms in tracking requests for the duplication of municipal records by members of the public.
In addition, for the purpose of expediting citizen requests for the inspection, copying or examination of municipal records (with certain exceptions) in various departments, the following positions are hereby designated as Deputy Custodians:
In the event that a Deputy Custodian of the Record recommends denying a requestor access to municipal records, it shall be the responsibility of the Municipal Clerk to review the subject matter in accordance with requirements of N.J.S.A. 4:1A-1 and make a determination as to whether or not the record(s) in question should be denied.
Editor's Note: N.J.S.A. 4:1A-1 was repealed by L. 2007, c. 39, § 1, eff. 1-29-2007.
[Amended 6-15-2010 by Ord. No. 16-2010]
The fee for the duplication of any government record embodied in the form of printed matter shall be free of charge.
[Amended 3-1-2011 by Ord. No. 3-2011]
The Township Clerk shall have the discretion to require a deposit against cost for reproducing documents sought through an anonymous request whenever the Township Clerk anticipates that the information thus requested will cost in excess of $5 to reproduce.
Whenever the nature, form, manner of collection 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 involved an extraordinary expenditure of time and effort to accommodate the request, the Township shall charge, in addition to the actual cost of duplicating the record, a special service charge that shall be reasonable and based upon the actual direct cost to the Township providing the copy or copies to a member of the public.
If a member of the public requests That a copy of the record be provided in a certain medium, the Municipal Clerk shall permit access to the municipal record and provide a copy in the medium requested if the Township maintains the record in that medium requested; the Municipal Clerk shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record in a medium not routinely used by the Township; not routinely developed or maintained by the Township; or requiring a substantial amount of manipulation or programming of information technology, the Township may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the Township or attributable to the Township for the programming, clerical and supervisory assistance required, or both.
The calculation of labor costs shall be based on the actual number of hours expended and at the appropriate hourly labor rate of each employee involved in preparing or assisting in the formulation of the document in the medium so requested.
If a municipal record requested is temporarily unavailable because it is in use, in storage or archived, the Municipal Clerk, Deputy Clerk or a designated Deputy Custodian of the Record shall advise the citizen making the request within seven business days after the Custodian receives the request. The Township shall make every good faith effort to retrieve the stored and/or archived municipal record in prompt fashion. Furthermore, the citizen shall be advised by the Custodian when the record can be made available; and, if the record is not made available by the time given, access shall be deemed denied.
In addition to the actual cost of copying or duplicating retrieved municipal records which were in storage or archived, the Township may charge the actual costs paid by the Township to retrieve and return archived records to the facility utilized by the Township, plus the labor cost expended by one or more Township employees to pick up, deliver and return the archived municipal records.
[Added 1-9-2007 by Ord. No. 35-2006]
All available municipal records requested shall be provided to the Municipal Clerk when so requested of either the Deputy Clerk or a designated Deputy Custodian of the Record by the Municipal Clerk. Failure to provide any available requested documentation which is considered a "public record" and a valid request pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., shall be deemed a violation and shall be subject to the penalty schedule as set forth in § 164-13.
[Added 1-9-2007 by Ord. No. 35-2006]
The Mayor and Township Council of the Township of Mount Olive shall be notified by the Township Clerk of any violations of this section.