Township of Monroe, NJ Records, Public Access to

It is hereby declared to be the public policy of the Township of Monroe to recognize the public's general right to know pursuant to the Public Open Records Act (N.J.S.A. 47:1A-1.1 et seq.). All records kept in the course of official duties by any Township 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.

§ 73-2 Custodian of records; records request form.

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.

The form shall be either hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the Clerk.

[Added 4-9-2018 by Ord. No. O:05-2018]

§ 73-3 Inspection and copying of public records.

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.

The Municipal Clerk shall promptly comply with a request to inspect, 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.

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.

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.

If the record requested is temporarily unavailable because it is in storage, the Clerk shall so advise the requestor and shall make arrangements to make a copy of the record available.

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 interest of the requestor and the municipality.

As required by N.J.S.A. 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.

§ 73-4 Time limits for compliance.

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.

§ 73-5 Posting of appeals procedure.

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.

§ 73-6 Viewing of government records; removal prohibited.

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.

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 one hour, the requestor shall be responsible for reimbursing the municipality for time spent by the Clerk or other employee.

§ 73-7 Procedures and fees for purchasing copies of public records.

[Amended 4-9-2018 by Ord. No. O:05-2018]

The Township, except as otherwise provided by law or regulation, shall be entitled to charge and collect a fee for the reproduction of copies of public records embodied in the form of printed matter as set forth in Chapter 74 unless the Township can demonstrate that the actual cost for duplicating exceeds these rates, in which case that actual cost may be charged. Actual cost shall be the cost of materials and supplies used to make the copies but shall not include the cost of labor and other overhead expenses. Nevertheless, in circumstances permitted by N.J.S.A. 47:1A-5c, a special service charge may be assessed as provided for in § 73-8. Access to electronic records and nonprinted materials shall be provided free of charge, but the Township shall charge the actual cost of any needed supplies such as computer disks, which fees are set forth in Chapter 74.

§ 73-8 Reproduction of nonstandard-size public records; special service charge.

[Added 4-9-2018 by Ord. No. O:05-2018]

For the following items where, due to the nature, format, manner of collation or volume of a government record, the record cannot be reproduced by ordinary document copying equipment in ordinary business sizes or when the request requires extensive use of technology and involves an extraordinary expenditure of time and effort to accommodate the request, the Township shall charge its actual direct cost. In addition, and in appropriate circumstances, the Township may collect a special service charge as permitted by N.J.S.A. 47:1A-5c. The special service charge shall be imposed, in addition to the actual cost of duplicating the record, where the nature, 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.

A Clerk shall permit access to a government record and provide a copy thereof in the medium requested if the Township maintains the record in that medium. If the Township does not maintain the record in the medium requested, the Clerk shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record in a medium not routinely used by the Township, not routinely developed or maintained by the Township, or requiring a substantial amount of manipulation or programming of information technology, the Township may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based upon the cost for any extensive use of information technology, or for the labor cost of the lowest level employee capable of providing the service, that is actually incurred by the Township or attributable to the Township for the programming, clerical and supervisory assistance required, or both. The requestor shall have the opportunity to review and object to the special service charge prior to it being incurred.

§ 73-9 Minutes of closed executive sessions; procedure for release of minutes.

Township Council Minutes Review Committee. There shall be a Minutes Review Committee (MRC) consisting of the Administrator, the Township Attorney and the Township Clerk, whose job shall be to periodically review the minutes of closed sessions of the Township Council and make recommendations to these bodies which minutes shall be made public. The MRC shall have no power and shall not be a "public body" within the meaning of the Open Public Meetings Act.

(1)

Meetings of MRC. The MRC shall meet on an as-needed basis. Meetings of the MRC shall be as scheduled at the convenience of the MRC members by the Administrator.

(2)

Preparatory staff work. Prior to each meeting of the MRC, the Township Clerk shall prepare a list of all closed session minutes that have not been made public. The list and the minutes listed shall be made available to the MRC at their meeting.

(3)

Basis for recommendation. Recommendations to make minutes public shall be on a case-by-case basis, taking into consideration both the interest in maintaining confidentiality as set forth in N.J.S.A. 10:4-12 and the interest in prompt disclosure as set forth in N.J.S.A. 10:4-14. The applicable guidelines set forth in Subsection A(6) of this section may be considered as a general standard. The Township Attorney may be consulted if legal advice is desired.

(4)

Decision. The decision to make public the minutes of any closed session shall be made only by the Township Council who authorized and convened that closed session and shall be based on a finding that public disclosure of the matters discussed at such closed session will not be detrimental to the public interest; making this finding, the Township Council shall take into consideration, but need not agree with, the recommendation of the MRC and the basis for the recommendation set forth in, Subsection A(3) above. In cases where more than one matter was discussed in closed session, the Township Council may elect to make public only those minutes pertaining to those certain matters, and to keep the rest of the minutes confidential. Should the minutes contain any material entitled to protection, the public body shall excise such protected matter, provided that all materials required to be contained in the minutes by N.J.S.A. 10:4-14 shall be set forth.

(5)

Once public, always public. Minutes which are made public shall not thereafter be treated as confidential, but may be seen and copied by any person in the same manner as minutes of open meetings.

(6)

Guidelines. The following general guidelines pertaining to the nine purposes for closed meetings set forth in N.J.S.A. 10:4-12b may be considered in recommending and deciding when to make public minutes of closed sessions:

(a)

Matters required by law to be confidential. When the need to preserve the secrecy of the confidential information discussed no longer exists, provided that material entitled to court protection shall not be disclosed.

(b)

Matters affecting the right to receive federal funds. When disclosure would no longer impair the right to receive funds or cause funds already received to be forfeited.

(c)

Mailers involving individual privacy. Such matters shall not be disclosed except as ordered by a court of competent jurisdiction or with the written consent of all of the individual(s) concerned.

(d)

Matters relating to collective bargaining agreements. When the collective bargaining agreement has been made and ratified.

(e)

Certain mailers involving public funds. After the transaction involving the public funds has been made.

(f)

Matters affecting public safety and property. When disclosure would no longer impair the safety and property of the public or the conduct of any investigation.

(g)

Litigation, contract negotiation and certain privileged matters. As to litigation, when a final decision has been rendered and all rights of appeal are exhausted; as to anticipated litigation, when the statute of limitations has expired or a binding settlement precluding litigation has been made; as to contract negotiation, when either the contract has been made and is binding of all parties or, if not made, when negotiation is terminated; as to matters falling within the attorney-client privilege, at such time, if ever, that disclosure would not violate the attorney's ethical duties.

(h)

Employment matters. When the employment decision has been made and all rights to litigate or appeal are exhausted, provided that material entitled to court protection shall not be disclosed.

(i)

Deliberations after hearing in penalty matters. After the decision to impose or not impose the penalty has been made and all rights to litigate or appeal are exhausted, provided that material entitled to court protection shall not be disclosed.