Borough of Bogota, NJ
Bergen County
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[Ord. #1195, S1]
The purpose of this chapter is to provide a procedure for the disclosure to the public of copies of public documents on a timely basis, while protecting from public disclosure the public documents that the Borough is required by law to maintain confidential.
[Ord. #1195, S1]
The following definitions shall apply in this section:
a. 
Common law public document shall mean a document required by law to be kept, or necessary to be kept in the discharge of a duty imposed by law, or directed by law to serve as a memorial and evidence of something written, said, or done or a written memorial made by a public officer authorized to perform that function, or a writing filed in a public office.
b. 
Public body shall mean and include the mayor and council, library board of trustees, Planning Board/Zoning Board of Adjustment, board of health, recreation commission, environmental commission, and all other public bodies, agencies, departments, and offices of the borough, except the board of education.
[Amended by Ord. No. 11-2]
c. 
Public records shall mean common law public documents and right to know documents.
d. 
Right-to-know document shall mean a document required by law to be made, maintained, or kept on file by the borough or any public board, body, commission, or authority created by law or by ordinance in the Borough of Bogota, as defined by the Right-to-Know Law, N.J.S.A. 47:1A-2.
[Ord. #1195, S1]
a. 
Any person requesting to review and/or a copy of a common law public document or right-to-know document may request the right to review the document from the borough official having custody of the document. If the person is requesting a copy of any document, the applicant shall also submit the required fee.
b. 
The public records requested will normally be available within four (4) business days, except that:
1. 
No tax or lien searches will be processed five (5) business days before and ten (10) business days after the quarterly due date for taxes (February 1, May 1, August 1, November l);
2. 
No tax or lien searches will be processed two (2) business days before and after a tax sale;
3. 
Fifteen (15) days for a certificate as to municipal taxes, liens or improvements;
4. 
Minutes of public meetings will be available within two (2) business days after the minutes have been approved by the council or board;
5. 
Records that are not readily available or that will require a search of records will be made available as soon as possible. The applicant will be provided with an interim report within five (5) business days indicating the amount of time that will be required to complete the search of the records;
6. 
Where a legal determination must be made as to whether records are public records that are protected from disclosure the time to provide copies will run from the date that the municipal official receives the determination from the borough attorney or a court order that the records should be provided.
[Ord. #1195, S1]
a. 
The following types of documents shall not be disclosed to the public unless the documents are designated as subject to approval by the mayor and council or the applicable public body:
1. 
Unapproved minutes of public portions of meetings.
2. 
Reports or other documents prepared for review by a public body before review, provided that the document is not marked as confidential or an attorney-client communication.
b. 
The following documents shall not be disclosed to the public unless the disclosure is approved by a majority vote of the public body and/or the borough attorney or the attorney for the body:
1. 
All approved minutes and draft minutes of closed sessions of the public body.
2. 
All communications, letters, memoranda, or reports marked as confidential or attorney-client communications.
3. 
All tape recordings of closed session meetings of the public body.
c. 
The following documents shall be disclosed only after approval by the borough attorney or attorney for the public body:
1. 
Personnel records other than the following:
(a) 
An individual's name, title, position, salary, payroll record, length of service in the instrumentality of government and in the government, date of separation from government service and the reason therefor; and the amount and type of pension he is receiving;
(b) 
Data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but in no event shall detailed medical or psychological information be released.
2. 
Investigatory records of the police, health, and code enforcement departments, including fingerprints, cards, plates, and photographs, and similar investigation records that are required to be made, maintained or kept by any State or local government agency, except that the following information shall be made available to the public as soon as practicable unless it shall appear that the release of such information will jeopardize the safety of any person or any investigation in progress or be otherwise inappropriate. The term "as soon as practicable" shall generally be understood to mean within twenty-four (24) hours:
(a) 
Where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any.
(b) 
If an arrest has been made, information as to the name, address, and age of any victims unless there has not been sufficient opportunity for notification of next of kin of any victim of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or court rule. In deciding on the release of information as to the identity of a victim, the safety of the victim and the victim's family, and the integrity of any ongoing investigation, shall be considered. These concerns are heightened when a crime has been reported but no arrest yet made.
(c) 
If an arrest has been made, information as to the defendant's name, age, residence, occupation, marital status, and similar background information and, the identity of the complaining party unless the release of such information is contrary to existing law or court rule.
3. 
Background checks or documents relating to same.
4. 
Ethics opinions given as advisory opinions to state or municipal officers and employees.
5. 
Evaluations of personnel.
6. 
Notes of interviews of prospective municipal employees.
7. 
Personal or medical information, including all confidential information regarding welfare recipients.
8. 
Any other document protected from disclosure by any State or Federal statute, rule, regulation, or by case law.
[Ord. #1195, S1]
Minutes of closed session meetings of the mayor and council and any other public body shall be disclosed to the public as follows:
a. 
All closed session minutes shall be maintained by the clerk or secretary of the public body in a confidential folder or binder until the release of same is approved as set forth herein.
b. 
Once per year, the borough attorney, or the attorney for the public body, shall review the closed session minutes that are on file with the clerk or secretary of the public body. Minutes of meetings at which all matters that are resolved shall be approved for disclosure to the public, except that matters that cannot be disclosed without injury to the public interest and/or the privacy rights of any individual shall be redacted. The approved and redacted version shall be maintained by the clerk or secretary in a binder of closed session minutes approved for public disclosure.
c. 
If a member of the public has a legitimate need to review portions of closed session minutes that have not yet been approved for public disclosure, then upon receipt of a request for the minutes, the clerk or secretary shall forward the minutes to the borough attorney or the attorney for the body. The attorney shall determine what, if any, portions of the minutes may be disclosed to the public, and redacted versions of the minutes may then be disclosed to the person requesting same.
[Ord. #1195, S1]
a. 
All public documents shall be maintained by the clerk or secretary of the body, in accordance with the requirements of state and federal law.
b. 
All public documents may be destroyed by the clerk or secretary of the body in accordance with the provisions of the Destruction of Public Records Law, N.J.S.A. 47:3-8.1 through 32 and the schedules established by the New Jersey Department of State Bureau of Archives and Records Management.
[Ord. #1195, S1]
a. 
The borough clerk is hereby authorized and directed to make copies of the following borough records and to charge the applicant for said copy as follows:
Document
Fee
All documents not otherwise provided for by law:
First to 10th page
$0.75 per page
11th to 20th page
$0.50 per page
All pages over 20
$0.25 per page
Additional fee for automobile accident report--not requested in person
$5.00 for first 3 pages; $1.00 per page in addition to 3 pages
Certification by borough clerk of any documents
$4.50
Exemplification of any documents by borough clerk
$10.00
b. 
All fees received for said services shall be turned over to the borough treasurer for the use of the Borough of Bogota to defray the costs of same.