[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 125.
[Adopted 8-27-2002 by Ord. No. 2002-13; amended in its entirety 11-23-2004 by Ord. No. 2004-22]
It is hereby declared to be the public policy
of this Borough 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
in N.J.SA. 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 forms to request
government and police records adopted by the custodian of government
records for the Borough of Clementon pursuant to N.J.S.A. 47:1A-5(f),
and approved by resolution of the governing body of the Borough of
Clementon, must be completed in full and submitted to the custodian
of government records as required by N.J.S.A. 47:1A-5(g) in order
to obtain copies of government records as provided by N.J.S.A. 47:1A-1,
et seq.
A.
Any person seeking to inspect, examine or copy a public
record of this municipality shall make application in writing to the
Municipal Clerk, during regular business hours, on the form provided.
All requests for public records shall be as specific as possible,
including the type of record and date created, if known.
B.
The Municipal Clerk shall promptly comply with a request,
examine, copy or provide a copy of a government record. If the Clerk
is unable to comply with a request for access, he or she shall indicate
on the request form the specific basis for such inability to comply
and shall promptly return it to the requestor. The Clerk shall sign
and date the form and provide the requestor with a copy thereof.
C.
In those instances where the nature of the request
or the record Itself leads the Municipal Clerk to doubt whether or
not the record is a government record, as defined by law, or is a
record exempt from disclosure, the Clerk shall request an opinion
from the Municipal Attorney. A copy of the request form shall be forwarded
to the Attorney, who, after review and investigation, shall issue
an opinion and note such opinion on the request form and promptly
return it to the Municipal Clerk.
D.
If any part of a particular record is exempt from
public access pursuant to N.J.S.A. 47:1A-1 et seq., the Clerk shall
delete, redact or excise from a copy of the record that portion which
is exempt from access and shall promptly permit access to the remainder
of the record.
E.
If the record requested is temporarily unavailable
because it is in use or in storage, the Clerk shall so advise the
requestor and shall make arrangements to make a copy of the record
available.
F.
If a request for access to a government record would
substantially disrupt municipal operations, the Clerk may deny access
to the record after attempting to reach a reasonable solution with
the requestor that accommodates the interests of the requestor and
the municipality.
G.
As required by N.J.SA. 47:1A-5e, immediate access
shall be granted for access to budgets, bills, vouchers, contracts
(including collective negotiations agreements and individual employment
contracts) and public salary and overtime information.
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, 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.
A.
Upon the approval of a request to view, inspect, examine
or copy a record, the record and the requestor shall remain in the
presence of the Municipal Clerk or his or her authorized representative
at all times. Under no circumstances shall any government record be
removed from the office where it is normally kept unless accompanied
by the custodian or his or her authorized representative.
B.
In the event that the nature of a request to view
records requires that the Clerk or other municipal employee observe
or monitor such viewing for a period of time exceeding 15 minutes,
the requestor shall be responsible for reimbursing the municipality
for time spent by the Clerk or other employee.
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:
B.
Large-sized paper documents and maps.
(1)
Zoning Map: $2.50 (if sold separately from Zoning
Ordinance).
(2)
Street Map: $2.50.
(3)
Drug-Free School Zone Map: $2.50.
(4)
Soils Survey Map: $10.
(5)
Site plan - per page: $5.
(6)
Subdivision plat - per page: $5.
(7)
Tax Map page: $5.
(8)
Tax bill duplicates $5: ($15 for duplicate copy of
same tax bill in same tax year).
(9)
Engineering plans - per page: $5.
(10)
Copy of computer screen: $0.75.
(11)
Film developing: $15 (24 or 36 exposures).
(12)
Enlargements: $15.
(13)
Domestic partnership certified copies: $10.
(14)
Domestic partnership affidavit: $28.
(15)
Marriage license: $28.
(16)
Certified copies of records of vital statistics: $25.
[Amended 6-19-2012 by Ord. No. 2012-11; 3-21-2017 by Ord. No. 2017-05]
(17)
Certified copies of death certificates: $15
[Added 5-16-2017 by Ord.
No. 2017-09]
D.
Police reports and photographs.
(1)
All requests for discovery in matters pending in the
Clementon Municipal Court shall be submitted through the Municipal
Prosecutor.
(2)
The following fees shall be payable by the requestor
to the Borough of Clementon for the discovery provided:
(a)
Five cents per page for 8 1/2-by-11-inch pages.
[Amended 3-21-2017 by Ord. No. 2017-05]
(b)
Seven cents per page for 8 1/2-by-14-inch pages.
[Amended 3-21-2017 by Ord. No. 2017-05]
(d)
Actual postage for any discovery sent by mail.
(e)
Twenty-five cents for the envelope for any discovery
sent by mail.
(f)
Photographs will be photocopied at the rates established
herein. If requests are made for duplicate photographs, the actual
cost of making the photographs shall be charged.
(g)
On any item that cannot be photocopied on the Borough
copy machine or not otherwise provided for in this schedule, the actual
cost incurred in making the copy shall be charged.
(3)
In the event discovery must be obtained from an entity
other than the Borough of Clementon, the actual cost paid to the other
entity shall be paid by the requestor.
E.
Electronic records.
(3)
Copy of electronic document or database. The following
fees cover the cost of copying existing files to a floppy disk or
CD. Any requests for software conversions shall be subject to the
special service charge described below. For security reasons, the
use of a floppy disk or CD provided by the requestor is prohibited.
G.
Postage and surcharges.
(1)
Postage and handling costs and will be added to all
requests for public records required to be mailed and will be determined
at the time of request.
(2)
A surcharge of $0.50 per page will be applied to all
records sent by fax.
(3)
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 programming, clerical and supervisory assistance required
to provide a government record(s) 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 programming and supervisory assistance and $35 per hour
for clerical assistance.
H.
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.
I.
Conversion of records from one medium to another:
cost of duplication, plus $35 per hour for supervisory and clerical
assistance.
J.
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.
