[Adopted 11-12-2003 by Ord. No. 02-09]
It is hereby declared to be the public policy
of this Borough of Alpha to recognize the public's general right to
know pursuant to the Open Public 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.
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-5f.
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 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 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 government record is in storage or
archived, the requestor shall be so advised within seven 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.
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.
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. Standard-sized paper documents, up to 8 1/2 x
14 inches in size: $0.05 per page.
[Amended 7-27-2010 by Ord. No. 10-09]
B. Large-sized paper documents and maps.
(3) Drug-Free School Zone Map: $1.
C. Preprinted documents.
(1) Copy of the Code book: $174 (includes shipping and
handling).
[Amended 3-23-2004 by Ord. No. 04-11; 10-25-2016 by Ord. No. 2016-15]
(2) Each Code supplement: $25.
(3) Zoning/Land Use pamphlet: $35.
D. Police reports.
(1) Police accident reports: same as Subsection
A above, if requested and picked up in person.
(2) Police accident reports, when copies are requested
other than in person: $4 for the first three pages and $1 per page
for each additional page, as established by N.J.S.A. 39:4-131.
E. Electronic records.
(1) Copy of videotape.
(a) Tape supplied by requestor: $25.
(b) Tape supplied by municipality: $30.
(2) Copy of audiotape.
(a) Tape supplied by requestor: $15.
(b) Tape supplied by municipality: $20.
(3) Copy of electronic document or database. The following fees cover the cost of copying existing files to a CD. Any requests for software conversions shall be subject to the special service charge described in Subsection
F below. For security reasons, the use of a CD provided by the requestor is prohibited.
[Amended 10-11-2011 by Ord. No. 11-05]
(b) Copy of Alpha Borough’s 100th Anniversary Book,
if available: $5.
[Amended 7-23-2019 by Ord. No. 2019-08]
F. A special service charge shall be imposed, in addition
to the actual cost of duplicating the record, 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 requestor shall have
the opportunity to review and object to the special service charge
prior to it being incurred.
G. Applicable postage shall be added for any and all
records requested by mail. There shall be a charge of $5 for the shipping
of each copy of Alpha Borough’s 100th Anniversary Book, representing
the postage cost.
[Amended 10-11-2011 by Ord. No. 11-05]
H. Birth, marriage and death certificates.
[Amended 12-9-2003 by Ord. No. 03-17; 8-10-2004 by Ord. No. 04-23; 3-14-2006 by Ord. No. 06-01]
(1) Certified copy of birth, marriage or death certificate:
$15 per copy.
(2) Certification of birth, marriage or death certificate:
$15 per copy.
(3) Photocopy of correction of birth, marriage or death
certificate: $15 per copy.
(4) Correction to record of birth, marriage or death certificate:
$20 per correction.
(5) Certified copy of domestic partnership certificate:
$15 per copy.
I. 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 to reproduce. The amount of the deposit shall
equal the total estimated cost of filling the request.
[Adopted 11-30-2004 by Ord. No. 04-32]
All requests for discovery in Municipal Court
matters pending in the Municipal Court of the Borough of Alpha shall
be submitted through the Municipal Prosecutor, to the extent possible.
The following fees shall be payable by the requestor
to the Borough of Alpha for the discovery provided:
A. Seventy-five cents per page for each of the first
10 pages photocopied.
B. Fifty cents per page for each of the next 10 pages
photocopied.
C. Twenty-five cents per page for each of the pages photocopied
thereafter.
D. Actual postage for any discovery sent by mail or services.
E. Twenty-five cents for the envelope for any discovery
sent by mail or service.
F. Photographs will be photocopied, if permissible, at
the rates established herein. If requests are made for duplicate photographs,
the actual cost of making or duplicating the photographs shall be
charged.
G. Duplication of videotapes, audiotapes, CD's and/or
DVD's constitutes an extraordinary duplication process and requestors
shall be charged at the rate of $5 per videotape, audiotape, CD and/or
DVD.
H. If any item cannot be properly photocopied by the
Borough using its equipment or is not otherwise provided for in this
schedule the actual cost or costs incurred in mailing same shall be
charged.
Where the discovery must be obtained from an
entity other than the Borough of Alpha, e.g., another police department,
the actual cost(s) paid to the other entity shall be charged to and
paid by the requestor.