New Jersey has adopted the Open Public Records
Law which has as its general purpose making government records more
available to the public than they have been in the past. In certain
instances, the production of archived records or records in a format
which is not the usual format maintained by the municipality or other
special circumstances would be costly and time consuming. The New
Jersey Public Records Law permits the municipality to require the
payment of fees, special service charges and/or special charges as
a prerequisite to the production of records requiring extraordinary
time and effort, special equipment or special formatting.
[Amended 8-10-2010 by Ord. No. 39-10; 10-19-2010 by Ord. No. 44-10]
A. In accordance with the provisions of N.J.S.A. 47:1A-1 et seq. (the
Act), government records shall be readily accessible for inspection,
copying, or examination by the citizens of this state, with certain
exceptions, for the protection of the public interest, and any limitations
in the right of access accorded by the Act, as amended and supplemented,
shall be construed in favor of the public's right of access.
A "government record" or "record" shall be as defined within N.J.S.A.
47:1A-1.1.
B. In accordance with N.J.S.A. 47:1A-1.1, the "custodian of a government
record" or "custodian" shall mean the Municipal Clerk. The Municipal
Clerk may delegate responsibility for handling records requests for
particular departments within the Township to deputy custodians.
C. The custodian of a government record shall permit the record to be
inspected, examined, and copied by any person during regular business
hours unless a government record is exempt from public access by the
Act, as amended and supplemented, any other statute, resolution of
either or both houses of the Legislature, regulation promulgated under
the authority of any statute or executive order of the Governor, executive
order of the Governor, Rules of Court, any federal law, federal regulation,
or federal order. A request for a record must be made on a form adopted
by the custodian of the government record.
D. Unless a shorter time period is otherwise provided by statute, regulation,
or executive order, a custodian of a government record shall grant
access to a government record or deny a request for access to a government
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.
E. During such regular business hours and under the supervision of a
representative of the custodian, every citizen of the state shall
also have the right to copy such records by hand and to purchase copies
of the records. Copies of records shall be made available upon the
payment of the price as established by law. The custodian may require
a deposit against costs for reproducing documents sought whenever
the custodian anticipates that the information thus requested will
cost in excess of $5 to reproduce.
F. The statutory fee schedule shall apply to routine requests under
the Open Public Records Law. The fees of N.J.S.A. 47:1 A-5 are hereby
incorporated herein as such fee schedule presently exists or as such
fees might appear in future modifications or amendments of the statute.
G. At present time, fees under N.J.S.A. 47:1A-5 for routine copies of
municipal documents are be $0.05 per letter-size page or smaller and
$0.07 per legal-size page or larger.
The establishment of the position of deputy
custodians of documents are as follows:
Nothing in this chapter shall require the custodian
or deputy custodians of documents or any other municipal official
to examine, analyze, tabulate, or interpret documents which are subject
to production under the New Jersey Open Public Records Act.
[Amended 9-4-2007 by Ord. No. 37-07; 10-19-2010 by Ord. No. 44-10]
A. The following fees shall be charged for copies of public documents
and records:
(1) Police reports: The fee shall be in accordance with the rates established by N.J.S.A. 47:1A-5, set forth in Subsection
A(2) below. For police accident reports not requested in person, an additional fee of $5 shall be charged to cover the administrative costs of the report, pursuant to N.J.S.A. 39:4-131.
(2) All other documents: Pursuant to N.J.S.A. 47:1A-5, except as otherwise
provided by law or regulation, the fee assessed for the duplication
of a government record embodied in the form of printed manner shall
be $0.05 per letter size page or smaller and $0.07 per legal size
page or larger. If the actual costs of reproduction exceeds $0.05
per letter size page or smaller or $0.07 per legal size page or larger,
the Township may charge the actual cost of duplication. Access to
electronic records and nonprinted materials shall be provided free
of charge, but the Township will charge for the actual costs of any
needed supplies, such as computer discs.
(3) Copies of videotapes or audiotapes; review of videotapes or audiotapes.
The Township shall charge actual cost of duplication.
B. Whenever the nature, format, manner of collation or volume of a government
record embodied in the form of printed matter to be inspected, examined
or copied is such that the record cannot be reproduced by the Township
by ordinary document-copying equipment in ordinary business size or
involves an extraordinary expenditure of time and effort by the Township
to accommodate the request, the Township may charge, in addition to
the actual cost of duplicating the record, a special service charge
that shall be reasonable and based upon the actual direct cost of
providing the copy or copies. The requestor shall have the opportunity
to review and object to the charge prior to it being incurred.
C. In the event an extraordinary expenditure of time and effort is needed
by the Township to accommodate a request to inspect, in addition to
any fees for actual duplication and copying incurred by the requestor
under this article, the Township shall assess a special service charge
based upon the cost incurred for such extensive use of information
technology resources and/or the labor cost of the personnel providing
the service that is actually incurred or attributable to the Township
for the clerical and supervisory assistance required, or both. The
manner by which such special inspection service fee is calculated
shall be kept on file with the Township. The requestor shall have
the opportunity to review and object to the charge prior to it being
incurred.
The Mayor, Clerk or Township Council (by resolution)
may waive the fees or other charges otherwise chargeable if the requester
of governmental records is a governmental or educational entity.