[Amended 5-13-97 by Ord. No. 97-3]
A.
The public records of the township shall be open for inspection by
a member of the public as provided for by N.J.S.A. 47:1A-1 et seq.
Inspection shall be made only at reasonable times during business
hours and without interference with the conduct of the affairs of
the office or other place where the records are kept or maintained.
B.
In the event the public documents the party seeks to photocopy are
in excess of 25 pages, or if the documents are not readily available,
or if the copying of the records at the time the party requests copies
unreasonably interferes with the other duties of the custodian of
records, the custodian of records shall take the written request for
documents and provide the requested copies within five business days
of receipt of their request or advise within that time frame of such
time period as is reasonably necessary to locate and copy the requested
documents. All requests for public records shall be made on the forms
approved by the Township Committee.
[Added 5-13-97 by Ord. No. 97-3; amended 10-8-02 by Ord. No. 2002-03; 9-13-05 by Ord. No. 2005-12]
Public records required to be kept by law shall be made available
to the public and they shall have the ability during regular business
hours and under the supervision of a representative of the custodian
of records to copy such records by hand. The public shall also have
the right to purchase copies of the records. The following fees are
hereby fixed and established for the reproduction of public records:
A.
[Amended 7-14-09 by Ord. No. 2009-13; 10-12-10 by Ord. No. 2010-13] Requests for copies of government records under the Open Public
Records Act, N.J.S.A. 47:1A-1 et seq.
(1)
Photostatic copies of any government record that can be photocopied
with municipal facilities — five cents ($.05¢) per letter
size page or smaller and seven cents ($.07¢) per legal size page
or larger.
(2)
In the event that the actual cost for duplication of a government record exceeds the foregoing rate, the charge shall be the actual cost of duplicating the government records requested. The actual cost shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided in Subsection A,(5) hereof.
(3)
For any government record copied onto a non-paper medium, the actual
cost of the non-paper medium.
(4)
For any copy of a government record for which the township is unable
to duplicate with its own facilities and requires the services of
an outside vendor, the actual cost to the township from the outside
vendor.
(5)
Whenever the nature, format, manner of collation or volume of a 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 the ordinary business size or involves an extraordinary
expenditure of time and effort to accommodate the request, the charge
for the record shall be the actual cost to the township, together
with a service charge of $12 per hour for each hour required to duplicate
the record. The requestor shall have the opportunity to review and
object to the charge prior to it bring incurred.
(6)
In the event that the township does not maintain the record requested
in the medium requested, the township 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 cost for the record shall be the actual
cost of duplication together with a special charge that shall be reasonable
and shall be based upon 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.
(7)
Access to electronic records and nonprinted materials shall be provided
free of charge, provided however, the township may charge for the
actual costs of any needed supplies, such as computer disks.
B.
If documents
are to be mailed, the appropriate postage will be charged to the applicant.
C.
The fee
for certified copies of Vital Statistic records such as Birth, Marriage
and Death Certificates will be made available upon payment of $10
for each certified copy.
D. through G.
(Reserved)
[Repealed 7-14-09 by Ord. No. 2009-13]
H.
If the research of public records requires an excessive amount
of time, or requires retrieval of public documents that are in storage,
a service charge of $25 per hour will be charged.
I.
Requester
shall pay a deposit in the amount of the anticipated retrieval and
copying costs on all photocopying requests estimated by the Custodian
costing $5 or more, provided that nothing herein shall prohibit the
Township from waiving charges where the request for reproduction is
made by a bona fide law enforcement or government agency supported
solely by public funds.
All persons requesting any public record(s) from the Township
of Montague are required to submit a Request for Access to Government
Records request form, adopted by the Township, as annexed to this
Ordinance.
[Added 5-13-97 by Ord. No. 97-3]
In the event the custodian of records is uncertain whether a
specific document requested is a public document, they shall notify
the Township Attorney who shall give an opinion as to whether or not
such document constitutes a public document.
[Added 5-13-97 by Ord. No. 97-3]
Nothing in this section shall be construed to enlarge upon the
statutory or common law rights of citizens to inspect public records,
nor is this section intended to abridge or otherwise limit the public's
right of access. This section shall be construed in order to promote
public purpose set forth in N.J.S.A. 47:1A-1, at the same time protecting
public records from loss, damage and disruption and provide for the
efficient functioning in municipal offices without unduly burdening
such officers.
All records of the Township Clerk, Treasurer, Tax Assessor,
Tax Collector and other township officials shall be kept and maintained
in the Municipal Building of the Township of Montague, except as may
be otherwise specifically provided by resolution of the Township Committee.
[Added 10-8-02 by Ord. No. 2002-03; 9-13-05 by Ord. No. 2005-12]
A.
If any section, paragraph, subdivision, clause or provision of this
Article shall be adjudged by the Courts to be invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged and the remainder of this Article shall be determined
valid and effective.
B.
All ordinances or parts of ordinances inconsistent with the provisions
of this Article are hereby repealed to the extent of such inconsistency
or conflict; provided, however, that the adoption of this Article
shall not bar or prevent the continuance or institution of any proceedings
pursuant to any existing ordinance of the Township of Montague or
offense heretofore committed in violation of any existing ordinances
of the Township of Montague.
[Added 10-8-02 by Ord. No. 2002-03; 9-13-05 by Ord. No. 2005-12]
This Article shall take effect upon final passage and publication
according to law.
