This article shall be known as the "Access to
Public Records Ordinance" of the Township of Pohatcong.
The Access to Public Records Ordinance is hereby
created pursuant to N.J.S.A. 47:1A-1 et seq.
The Township Clerk is hereby designated the
custodian of all pubic records maintained by the Township and shall
act in this capacity on behalf of the Township.
The Township shall make all public records accessible
to the citizens of this state in accordance with the procedures and
definitions set forth in N.J.S.A. 47:1A-1 et seq. unless said records
are exempt from inspection as set forth in said statute.
"Public records" shall mean all government records
unless said records fall within the following list of exempted records
which shall be prohibited from disclosure:
A. Interagency or intra-agency advisory, consultative
or deliberative material.
B. Information received by a member of the State Senate
or Assembly regarding a constituent.
C. Memoranda, letters, notes, reports and any other communication
prepared for the use of a member of the State Senate or Assembly.
D. Photographs, negatives and copies thereof or videotapes,
of a decedent relating to a post mortem examination or autopsy subject
to the exceptions set forth by statute.
E. Records maintained by a law enforcement agency that
are not required by law to be made and which pertain to a criminal
investigation or related civil enforcement proceedings subject to
three exceptions set forth by statute.
F. Records held by a victims' rights organization, such
as a domestic violence shelter, pertaining to the victim of a crime,
except that the victim may have access to his/her own records.
G. Trade secrets; proprietary commercial or financial
information. This includes data processing software obtained pursuant
to a licensing agreement prohibiting disclosure.
H. Records within the attorney-client privilege.
I. Administrative or technical information regarding
computer hardware, software and networks which, if disclosed, would
jeopardize computer security.
J. Buildings and facilities emergency procedures and
security information.
K. Security and surveillance measures which, if disclosed,
would create safety risks for persons, property, electronic data or
software.
L. Information that would give an advantage to competitors
or bidders.
M. Information pertaining to sexual harassment complaints
filed with public employers.
N. Information pertaining to any grievance.
O. Information pertaining to collective negotiations,
including documents containing negotiating strategies.
P. Communications with the public agency's insurance
carrier, administrative service organization or risk management office.
Q. Information to be kept confidential pursuant to court
order.
R. The portion of any document disclosing social security,
credit card, unlisted phone or driver license numbers subject to the
exceptions set forth by statute.
S. Various records of public institutions of higher education
as set forth by statute.
T. Biotechnology; trade secrets as restricted by federal
law.
U. Personal information regarding the victim of a crime
when the information is being sought by the convict who wronged the
victim or by anonymous request.
V. Records of an investigation in progress where release
is inimical to the public interest subject to the exceptions set forth
by statute.
W. Files maintained by the Office of the Public Defender
that relate to the handling of a case.
X. Records heretofore exempt from disclosure under any
other statute, resolution of either or both houses of the Legislature;
regulation promulgated under authority of any statute or Executive
Order; Executive Order; Rules of Court or federal law, regulation
or order.
Y. Records heretofore exempt from disclosure pursuant
to any executive or legislative privilege or grant of confidentiality
established by State Constitution, statute, court rule or case law.
Z. Personnel and pension records, including records relating
to grievances filed by or against an individual subject to the exceptions
set forth by statute.
The custodian of records shall permit a public
record to be inspected, examined and copied by any person during regular
business hours of the Township Clerk and shall be permitted to redact
same in accordance with the governing statute.
[Amended 7-20-2010 by Ord. No. 10-8]
A. Reproduced
paper copies for letter sized pages and smaller shall be provided
at $0.05 per page.
B. Reproduced
paper copies for legal sized pages and larger shall be provided at
$0.07 per page (oversized documents requested to be reproduced in
original size will be billed at the actual out-of-pocket cost to the
Township to have the document reproduced by an outside service and/or
the Township’s professional, as appropriate).
C. Audio tapes,
CDs, and other nonpaper digital media shall be billed at actual cost.
D. There shall
be no charge for e-mailed or faxed records provided the requested
records can be delivered in that format without modification or damage.