[Ord. No. 823 § 1]
It is hereby declared to be the public policy of this Borough
to recognize the public's general right to know pursuant to the Public
Open Records Act (N.J.S.A. 47:1A-1 et seq.). All records kept in the
course of official duties by any Borough officer or employee shall
be deemed to be "government records," as that term is defined by N.J.S.A.
47:1A-1.1, and such records shall be subject to inspection by the
public unless exempt under the statute or other regulation, common
law practice, executive order of the Governor, Rules of Court, Federal
law or judicial decision.
[Ord. No. 823 § 1]
Shall mean the form that shall be adopted by the Custodian
of Government Records for use by any person or entity requesting government
records.
Shall mean the Borough Clerk.
Shall mean the Deputy Borough Clerk or other designee of
the Borough Clerk.
Shall mean any paper, written or printed book, document,
drawing, map, plan, photograph, microfilm, data processed or image
processed document, information stored or maintained electronically
or by sound recording or in a similar device, or any copy thereof,
that has been made, maintained or kept on file in the course of his
or its official business, by an official or employee of the Borough.
The term shall not include internal advisory, deliberative or consultative
materials. The term shall not include any information listed as an
exception in N.J.S.A. 47:1A-1, or information that the disclosure
of which would violate a citizen's reasonable expectation of privacy.
Shall mean any person who requests access to government records
pursuant to this section or the State Law on Examination and Copying
of Public Records, N.J.S.A. 47:1A-1 et seq.
Shall mean a charge, in addition to the actual cost of reproduction
of a record, which shall reflect the expense associated with extensive
use of Borough information, technology, or resources, or the extensive
clerical or supervisory assistance by Borough personnel in order to
provide access to the requested records.
[Ord. No. 823 § 1]
In accordance with N.J.S.A. 47:1A-1.1, the Municipal Clerk is
designated as the Custodian of Records. The Clerk shall adopt a form
for the use of any person who requests access to a record, and such
form shall contain all of the information required by N.J.S.A. 47:1A-5(f).
[Ord. No. 823 § 1]
a.
Any person seeking to inspect, examine or copy a public record of
this municipality shall make application in writing to the Municipal
Clerk, during regular business hours, on the form provided. All requests
for public records shall be as specific as possible, including the
type of record and date created, if known.
b.
The Municipal Clerk shall promptly comply with a request to inspect,
examine, copy or provide a copy of a government record. If the Clerk
is unable to comply with a request for access, he or she shall indicate
on the request form the specific basis for such inability to comply
and shall promptly return it to the requestor. The Clerk shall sign
and date the form and provide the requestor with a copy thereof.
c.
In those instances where the nature of the request or the record
itself leads the Municipal Clerk to doubt whether or not the record
is a "government record" as defined by law or is a record exempt from
disclosure, the Clerk shall request an opinion from the Municipal
Attorney. A copy of the request form shall be forwarded to the Attorney,
who, after review and investigation, shall issue an opinion and note
such opinion on the request form and promptly return it to the Municipal
Clerk.
d.
If any part of a particular record is exempt from public access pursuant
to N.J.S.A. 47:1A-1 et seq., the Clerk shall delete, redact or excise
from a copy of the record that portion which is exempt from access
and shall promptly permit access to the remainder of the record.
e.
If the record requested is temporarily unavailable because it is
in use or in storage, the Clerk shall so advise the requestor and
shall make arrangements to make a copy of the record available.
f.
If a request for access to a government record would substantially
disrupt municipal operations, the Clerk may deny access to the record
after attempting to reach a reasonable solution with the requestor
that accommodates the interests of the requestor and the municipality.
g.
As required by N.J.S.A. 47:1A-5e, immediate access shall be granted
for access to budgets, bills, vouchers, contracts (including collective
negotiations agreements and individual employment contracts), and
public salary and overtime information.
[Ord. No. 823 § 1]
Unless a shorter time period is otherwise provided by statute,
regulation or executive order, the Clerk shall grant access to a government
record or deny a request for access to a record as soon as possible,
but not later than seven (7) business days after receiving the request,
provided that the record is currently available and not in storage
or archived. In the event that the Clerk fails to respond within seven
(7) business days after receiving a request, the failure to respond
shall be deemed a denial of the request, unless the requestor has
elected not to provide a name, address or telephone number, or other
means of contacting the requestor. If the requestor has elected not
to provide a name, address, or telephone number, or other means of
contacting the requestor, the Clerk shall not be required to respond
until the requestor reappears before the custodian seeking a response
to the original request. If the governmental record is in storage
or archived, the requestor shall be so advised within seven (7) business
days after the Clerk receives the request. The requestor shall be
advised by the Clerk when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.
[Ord. No. 823 § 1]
The Clerk shall post prominently in public view, in or adjacent
to the Clerk's office, 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 and the procedure by which an appeal
may be filed.
[Ord. No. 823 § 1]
a.
Upon the approval of a request to view, inspect, examine or copy
a record, the record and the requestor shall remain in the presence
of the Municipal Clerk or his or her authorized representative at
all times. Under no circumstances shall any government record be removed
from the office where it is normally kept unless accompanied by the
custodian or his or her authorized representative.
b.
In the event that the nature of a request to view records requires
that the Clerk or other municipal employee observe or monitor such
viewing for a period of time exceeding two (2) hours, the requestor
shall be responsible for reimbursing the municipality for time spent
by the Clerk or other employee.
[Ord. No. 823 § 1; Ord. No. 939; Ord. No.
949; Ord. No. 969]
Copies of records may be purchased for the fee prescribed by
law or regulation. If a fee is not prescribed by law or regulation,
the fee shall be the actual cost of duplicating the record, provided,
however, that where the actual cost for duplication of a record exceeds
the rates below, the actual cost shall be imposed:
a.
All public records in paper format
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8.5" x 11" (letter), unless otherwise specified
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$0.05/page
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All public records in paper format 8.5" x 14" (legal), or larger,
unless otherwise specified
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$0.07/page
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b.
Large-Sized Paper Documents and Maps.
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Cost of reproduction
| |
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Street Map
|
Cost of reproduction
|
|
Drug-Free School Zone Map
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Cost of reproduction
|
|
Site plan
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Cost of reproduction
|
|
Subdivision plat
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Cost of reproduction
|
|
Tax maps
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Cost of reproduction
|
|
Engineering plans
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Cost of reproduction
|
c.
Preprinted Documents.
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Copy of the Code book
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$140.00
|
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Each Code supplement
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$ 35.00
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Land Development Ordinance
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$125.00
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Master Plan
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$125.00
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d.
Police Reports and Photographs.
1.
Police accident reports: same as paragraph a above, if requested
and picked up in person.
2.
Police accident reports, when copies are requested other than in
person: $5.00 for the first three pages and $1.00 per page for each
additional page, as established by N.J.S.A 39:4-131.
3.
Photographs: Cost of outside reproduction.
4.
DWI Discovery - Same as paragraph a (excluding video/audio tapes
which are billed separately).
5.
All other discovery - Same as paragraph a excluding video/audio tapes
which are billed separately.
e.
Electronic Records.
1.
_____
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Copy of video and\or audio tape
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Cost of reproduction
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Requests for County communication tapes will include
any fee charged by the County as well.
2.
Copy of electronic document or database. The following fees cover
the cost of copying existing files to a floppy disk or CD. Any requests
for software conversions shall be subject to the special service charge
described in paragraph l below. For security reasons, the use of a
floppy disk or CD provided by the requestor is prohibited.
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Floppy disk or CD
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Cost of reproduction
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f.
Miscellaneous Medium.
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Microfilm
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Cost of reproduction
|
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Mailing labels
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$ Cost of reproduction as charged by tax assessment software
licensor
|
g.
_____
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Tax and Assessment Searches
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$10.00 per lot
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h.
_____
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Duplicate Tax Bill, first copy
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$ 5.00
|
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Duplicate Tax Bill, second or more in same year
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$25.00 each
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i.
_____
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200 foot Property Search
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$10.00 per lot
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j.
_____
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Certified Copy of Marriage and/or Death certificate
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$10.00 per copy
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k.
Miscellaneous Fees. The following schedules of fees shall be charged
from and after the effective date of this section:
1.
_____
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Marriage License Application
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$28.00
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2.
In accordance with N.J.S.A. 54:5-54 the Tax Collector shall provide
to any party entitled to redeem a certificate pursuant to N.J.S.A.
54:5-54 two (2) calculations of the amount required for redemption
within a calendar year at no cost. For each subsequent calculation
requested from the Tax Collector there shall be a fifty ($50.00) dollar
fee. A request for a redemption calculation shall be made in writing
to the Tax Collector.
3.
In accordance with N.J.S.A. 54:5-97.1 the Tax Collector may charge
a lien holder of a tax lien fifty ($50.00) dollars for the calculation
of the amount due to redeem the tax lien as required pursuant to N.J.S.A.
54:5-97.1. Any request for a redemption calculation shall specify
the date to be used for the calculation, which shall be the date of
the notice. Neither the Tax Collector nor the municipality shall be
liable for an incorrect calculation. The fee paid to the municipality
shall not become part of the lien and shall not be passed on to any
party entitled to redeem pursuant to N.J.S.A. 54:5-54.
l.
Special Service Charge. A special service charge of $30.00/hr. for
clerical and $45.00/hr. for supervisory services and services requiring
special skills, shall be applied for any extensive use of information
technology, or for the labor cost of Borough personnel incurred by
the Borough for programming, clerical and supervisory assistance required
to provide a government record in the medium requested if it is not
a medium routinely used or maintained by the Borough, or requiring
a substantial amount of manipulation or programming of information.
When outside services must be procured in order to convert information
to a requested medium, the actual cost of such services shall be charged.
Any research conducted by the Borough Engineer, including but
not limited to, requests for information from the Geographic Information
System (GIS) shall carry an extraordinary service charge of $100.00
for the first hour and $75.00 for each hour thereafter, rounded to
the nearest hour, in order to compensate the Borough for the cost
of the Professional Engineer's time and services.
The requestor shall have the opportunity to review and object
to the special service charge prior to it being incurred.
m.
Applicable postage shall be added for any and all records requested
by mail.
n.
A deposit shall be paid prior to filling any anonymous request where
it is estimated that the information requested will cost in excess
of $5.00 to reproduce. The amount of the deposit shall equal the total
estimated cost of filling the request.
[Ord. No. 967]
a.
The service charge for payments returned for insufficient funds shall
be added to any account owing to the municipality, if payment tendered
on the account was by a check, direct withdrawal or other written
instrument which was returned for insufficient funds;
b.
Whenever an account owing to a municipality is for tax or special
assessment, the service charge authorized by this section shall be
included on whatever list of delinquent accounts is prepared for the
enforcement of the lien;
c.
The service charge for a check or other written instrument returned
for insufficient funds shall be twenty ($20.00) dollars;
d.
Any service charge authorized by this section shall be collected
in the same manner prescribed by law for the collection of the account
for which the check or written instrument was tendered. In addition,
the Mayor and Borough Council may require future payments to be tendered
in cash or by certified or cashier's check.
