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
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-5(f).
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.
(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-sized paper documents and maps.
(3) Drug-Free School Zone Map: $1.
(6) Subdivision plat: $5 per page.
(8) Engineering plans: $5 per page.
(9) Water or Sewer Maps: $5 per page.
C. Preprinted documents.
(1) Copy of the Code book: $261 or current price, whichever
is greater.
(2) Each Code supplement: $20.
(3) Zoning pamphlet: $20 per copy.
(4) Land use pamphlet: $20 per copy.
(5) Master Plan: $50 per copy.
D. Police reports and photographs.
(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: $5 for the first three pages and $1 per page
for each additional page, as established by N.J.S.A. 39:4-131.
(3) Photographs or copies: $5 each for the first 10; $3
each additional.
[Amended 6-12-2008]
(4) A fee of $10 is hereby established for fingerprinting
of any individual.
(5) For Municipal Court discovery, videotapes, DVDs and
CDs shall be charged at the rate of $25 per item; other forms of electronic
or digital storage media shall be charged at a rate to be determined
as needed.
[Added 11-19-2004; amended 6-12-2008]
(6) On any item that cannot be photocopied on the Borough
copy machine or not otherwise provided for herein, the actual cost
incurred in making the copy shall be charged.
[Added 11-19-2004]
(7) Actual postage shall be charged for any discovery
sent by mail, as well as $0.25 for the envelope for any discovery
sent by mail.
[Added 11-19-2004]
(8) Where Municipal Court discovery must be obtained from
an entity other than the Borough of Allendale, e.g., another police
department, the actual cost paid to the other entity shall be paid
by the requestor.
[Added 11-19-2004]
(9) Radio/tape: $15 per item.
[Added 6-12-2008]
(10)
Operations reports: $10 per report.
[Added 6-12-2008]
(11)
Investigation reports: $10 for one- to five-page
reports; $16, six-or-more page reports.
[Added 6-12-2008]
E. Electronic records.
(1) Copy of videotape.
(a)
Tape supplied by municipality: $50.
(2) Copy of audiotape.
(a)
Tape supplied by requestor: $25.
(b)
Tape supplied by municipality: $30.
(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 disks or CD provided by the requestor is prohibited.
(a)
Floppy disks: $5, plus cost of disk ($0.50 each).
(b)
CD: $5, plus cost of CD ($3 each).
F. Miscellaneous.
(1) Municipal lien search, under N.J.S.A. 54:5-11: $10.
(3) Water account history: $2.
(4) Assessment for improvement history: $2.
(5) Water and sewer specifications: minimum of $5.
(6) List of property owners, under N.J.S.A. 40:55D-12c.:
$0.25 per name or $10, whichever is more.
G. 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. Charges shall be as follows:
(1) The actual cost (materials and supplies but no staff
labor) of duplication or reproduction; plus
(2) A special service charge of $50 per hour or the actual
direct cost of labor (if less) shall be imposed for each hour of extraordinary
time predicted to be utilized to respond to the request. The rate
shall be assessed in ten-minute increments. A deposit of 50% of the
estimated amount shall be made at the time of the request if the estimated
cost of reproducing and/or special service charge exceeds $25. The
balance will be paid at the time of pickup of documents.
H. Conversion of records from one medium to another.
Cost of duplication plus special service charges as follows:
(1) Conversion of paper record to electronic form: $50
per hour.
(2) Conversion of electronic files from one software product
to another: $50 per hour.
I. Applicable postage shall be added for any and all
records requested by mail.
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.
The Mayor and Borough Council may, by resolution,
waive the fees or other charges otherwise chargeable if the requestor
of governmental records is a governmental or educational entity.
Nothing in this article shall require the custodian
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. Nothing in this article shall
be construed as requiring the Borough of Allendale to furnish copies
of any privileged documents or other documents which have been determined
not disclosable in accordance with law.
The Borough of Allendale may be compelled by
New Jersey law to produce or duplicate governmental records, but no
compliance with these legal obligations shall be deemed to constitute
a license, sublicense or waiver of copyright laws. The Municipal Clerk
shall give the following notice to any requestor of governmental records:
"Notice-Copyright Laws
You must comply with U.S. Copyright Laws.
These laws may restrict your right to use, duplicate or modify the
records provided to you by the Borough of Allendale. You should consult
your own legal counsel on this since severe civil and criminal penalties
for violation of copyright laws are provided.”
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