City of Millville, NJ Article XIII Public Access to Government Records [1]

[1] Editor's Note: See also Art. XVIII, Retention and Destruction of Public Records.

§ 2-48 Policy.

[Amended 8-20-2019 by Ord. No. 40-2019]

The City presently provides public records to citizens, residents and other applicable individuals on an as-needed basis as such requests come to individual departments. The City recognizes the need to provide these individuals with good customer service while still upholding the laws which pertain to proper dissemination of government records. The City now wishes to create a centralized policy as to determining whether records are public in nature; the viability and consequences of the Open Public Records Act N.J.S.A. 47:1A-1.1 et seq., and Common Law Right of Access, and to determine how, when and if the public can obtain such records.

§ 2-49 Requests for public records.

[Added 8-20-2019 by Ord. No. 40-2019[1]]

Public officials need to examine both statute and common law in making a determination whether a request from the public for documents is valid. Even if the document would be exempt under statute, and in particular the Open Public Records Act (N.J.S.A. 47:1A-1.1 et seq.), it may well be that the public has a right to the document based on the Common Law Right of Access. All records requests can be made during regular business hours. If a request for records is made via electronic mail or facsimile after regular business hours, the request is considered received the following business day.

A. Requests for government records made under the Open Public Records Act N.J.S.A. 47:1-1.1 et seq., must be done so in writing to the City Clerk who is the Records Custodian for the City. A response in writing is required within seven business days. All other Open Public Records Act requirements listed under N.J.S.A. 47:1A-1.1 et seq., must be followed in accordance with state law for these requests. These types of requests put the burden on the Records Custodian of justifying withholding the documents requested. It defines records broadly and imposes time limits for making the records available.

(1) All departments are to respond to the City Clerk by the fifth business day for responses to requests made under the Open Public Records Act (OPRA) to ensure enough time for proper review, redactions, if necessary, or denial of record(s).

(2) Department heads shall notify the City Clerk, in writing, as soon as it is determined that an extension of time is necessary to produce requested documents under OPRA. A reason for same shall be provided to the City Clerk, also in writing.

B. Requests for government records made under Common Law Right of Access require the requester to have a legally recognized interest in the subject matter contained in the material; then the material must be disclosed if the individual's right of access outweighs the City's interest in preventing disclosure.

(1) Requests under common law can be made to the respective department which houses the record. If there are questions concerning the possible need to withhold or redact the record, the department head shall first seek the guidance of the City Clerk.

(2) Every effort should be made to provide records requested under Common Law Right of Access in a timely manner. The requester shall be provided a tentative date for when the records can be expected to be produced. This tentative date shall factor in whether records will need to be retrieved from off-site storage.

C. All requests for records shall be as specific as possible to the City.

D. All requests for records, except for requests by City employees/officials, or records requests made under the Open Public Records Act (N.J.S.A. 47:1A-1.1) shall be subject to the City's policy as to copying costs.

E. The following records, or types of records, which are not public and shall not be made available to the public include but are not limited to the following:

(1) All records exempted by state and/or federal statutes, rules and/or regulations;

(2) All records exempted by presidential and/or gubernatorial executive order;

(3) All records which are not included in the definition of "public record" pursuant to the Open Public Records Act pursuant to N.J.S.A. 47:1A-1.1 et seq.

(4) City Commission open session minutes shall not be considered public records until such time as they are approved by the City Commission. City Commission closed session minutes shall not be considered public records until such time as they are approved by the City Commission and the matter(s) in question have been concluded pursuant to the provisions of N.J.S.A. 10:4-6 et seq.

(5) Not all request for records do, in fact, lead to the copying, review and/or release of such records. A record may be a public record under common law but may not be a public record under the Open Public Records Act (N.J.S.A. 47:1A-1.1 et seq.) or it may be or may not be a public record under any other legal statute, rules, regulations and/or court decision. The City Clerk shall seek the opinion of the City Attorney as to whether or not a record is public if there is any question as to its release. The City Clerk's actions on this type of matter shall be guided by such legal opinion.

[1] Editor's Note: This ordinance also repealed former § 2-49, Custodian of records and records request form.

§ 2-50 through § 2-50.3. (Reserved) [1]

[1] Editor's Note: Former § 2-50, Inspection and copying of public records; § 2-50.1, Time limits for compliance; § 2-50.2, Posting of appeals procedure; and § 2-50.3, Viewing of government records; removal prohibited; were repealed 8-20-2019 by Ord. No. 40-2019.

§ 2-50.4 Procedures and fees for purchasing copies of government records.

[Amended 1-4-2005 by Ord. No. 2-2005; 2-15-2005 by Ord. No. 7-2005; 10-2-2007 by Ord. No. 35-2007; 12-2-2014 by Ord. No. 41-2014; 5-2-2017 by Ord. No. 21-2017; 6-20-2017 by Ord. No. 27-2017]

Copies of government 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 as set forth below, which is the estimated actual cost of duplicating the record. However, where the actual costs for duplication of a record exceeds the rates set below, the actual cost shall be imposed.

A. Standard-sized paper documents, up to 8 1/2 inches by 14 inches in size.

(1) One to 10 pages: $0.75 per page.

(2) Eleven to 20 pages: $0.50 per page.

(3) All over 20: $0.25 per page.

B. Large-size paper documents and maps.

(1) Crime map: $3 per page.

(2) Drug-Free Zones Map: $3 per page.

(3) Street map: $3 per page.

(4) Tax Maps: $3 per page.

(5) Ward and district map: $3 per page.

(6) Zoning Map: $3 per page.

(7) Engineering plans: $3 per page.

(8) Site plan: $3 per page.

(9) Subdivision plat: $3 per page.

C. Certified copies of documents.

(1) Vital statistics documents:

(a) Birth certificate: $15 each.

(b) Marriage certificate: $15 each.

(c) Death certificate: $25 (for first certificate); additional death certificates: $2 each.

D. Police reports and photographs.

(1) Police accident reports if requested and picked up in person: same as in Subsection A above.

(2) Police accident reports when requested other than in person: same as in Subsection A above and an additional fee of $5 pursuant to N.J.S.A. 39:4-131, plus actual cost of postage and $0.25 for the envelope.

(3) Photographs: $1 per photograph.

E. Electronic records.

(1) CD: $25.

(2) DVD: $25.

F. Fire reports and photographs.

(1) Fire reports if requested and picked up in person: same as in Subsection A above.

(2) Fire reports when requested and sent by mail: same as in Subsection A above, plus actual cost of postage and $0.25 for the envelope.

(3) Photographs: $1 per photograph.

G. Municipal searches.

(1) Assessment search: $10.

(2) Lien search: $10.

H. List of names and addresses of property owners.

(1) Notice of hearing requiring public notice to property owners located within 200 feet in all directions of the property which is the subject of the hearing: $0.25 per name or $10, whichever is greater for the list.

(2) Notice of a hearing on an amendment to the Zoning Ordinance proposing a change to the classification of a zoning district to property owners located within 200 feet in all directions of the boundaries of the district: $0.25 per name or $10, whichever is greater for the list.

(3) Notice of a hearing on an amendment to the Zoning Ordinance proposing a change to the boundaries of a zoning district to property owners located within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing: $0.25 per name or $10, whichever is greater for the list.

I. Preprinted documents, if available.

(1) Land Use and Development Regulations: $50.

(2) Master Plan: $50.

J. A special service charge shall be imposed where the nature, format, manner of collation or volume of printed matter is such that it cannot be reproduced by ordinary document-copying equipment in ordinary business size or where such record involves an extraordinary expenditure of time and effort to accommodate the request. The requester shall have the opportunity to review and object to the special service charge prior to it being incurred. The special service charge shall be calculated on the base hourly rate set in the Salary Ordinance for the City employee performing the task times the number of hours it took to perform the task.

K. A deposit shall be paid by the requester at the time that the request for copying of government records is made. The amount of the deposit shall equal the total estimated cost of filling the request.