[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:
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:
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.
