[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]
A.
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.
B.
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[1] and make a determination as to whether or not the record(s)
in question should be denied.
[1]
Editor's Note: N.J.S.A. 4:1A-1 was repealed by L. 2007, c.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]
A.
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]
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
