[HISTORY: Adopted by the Mayor and Council of the Borough of Spring Lake December 8, 2009 as Ord. No. 2009-021. Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure for the inspection and reproduction of government records by the public.
As used in this section:
- ACCESS FORM
- The form which shall be adopted by the Custodian of Government Records for use by any person who requests access to government records.
- CUSTODIAN OF GOVERNMENT RECORDS or CUSTODIAN
- The Borough Clerk.
- GOVERNMENT RECORD(S) OR RECORD(S)
- Any information subject to public inspection which is maintained by the Borough in written, audio, video, electronic or other form.
- Any person who requests access to a government record pursuant to this chapter or the State Law on Examination and Copies of Public Records, N.J.S.A. 47:1A-1 et seq.
- SPECIAL SERVICE CHARGE
- A charge, in addition to the actual cost of duplicating the government record(s), 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 necessary to provide access to the record(s).
The Custodian of Government Records shall adopt an access form for use by a requestor and shall make recommendations to the Mayor and Borough Council regarding the appropriate fees to be charged for access to and copies of government records. The access form shall contain all information required by N.J.S.A. 47:1A-5f.
The fees for copies of government records shall be:
Records in eight and one-half inches by 11 inches or eight and one-half inches by 14 inches format:
Postage and surcharges.
Postage costs will be added to all requests for public records required to be mailed and will be determined at time of request.
A surcharge of $.50 per page will be applied to all records sent by fax.
Extraordinary service charges shall be applied for any extensive use of information technology or for the labor costs of personnel providing the service that is actually incurred by the Borough for the programming, clerical and supervisory assistance required to provide a government record in the medium requested if it is not a medium routinely used by the Borough not routinely developed or maintained by the Borough or requiring a substantial amount of manipulation or programming of information. This rate shall be $45 per hour for supervisory or programming and $35 per hour for clerical.
All government records shall be subject to the provisions of this section unless otherwise provided by law or regulation. Any officer or employee of the Borough who receives a request for access to a government record shall forward the request or direct the requestor to the Custodian of Government Records.
The access form to be adopted by the Custodian of Government Records shall elicit the name, address and phone number of the requestor and a brief description of the government record(s) requested and shall also include, but not be limited to, the following:
Space for the custodian to indicate which record(s) shall be made available;
Specific directions and procedures for requesting records;
The fee schedule;
A statement whether a prepayment of fees or a deposit is required;
The time period in which access will be provided;
A statement of the requestor, a right to appeal a decision by the custodian denying access and the procedure for appealing such decision;
Space for the Custodian to list the reasons for any denial of a request for access including a citation of the authorization for such denial; and
Space for the Custodian to sign and date the access form upon its completion.