[1]
Editor's Note: Section 2-22, Public Records; Fees, previously codified herein and containing Ord. #1571, was superseded by Ord. #1782.
[Ord. #1782, 3-15-2005, added]
The purpose of this section is to establish a procedure for the inspection and reproduction of government records by the public. N.J.S.A. 47:1A et seq. is hereby adopted in full by reference.
[Ord. #1782, 3-15-2005, added]
As used in this section:
ACCESS TO PUBLIC RECORDS FORM
The form which shall be adopted by the custodian of government records for use by any person who requests access to government records.
CUSTODIAN OF GOVERNMENT RECORDS or CUSTODIAN
Shall mean the Municipal Clerk.
DEPUTY CUSTODIAN OF GOVERNMENT RECORDS or DEPUTY CUSTODIAN
Shall mean designees of the Municipal Clerk.
[Ord. #2121, 10-26-2010, amended]
GOVERNMENT RECORD(S) or RECORD(S)
Shall mean any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the state or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the state or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include interagency or intraagency advisory, consultative, or deliberative material.
REQUESTOR
Shall mean any person who requests access to a government record pursuant to this section or the State Law on Examination and Copies of Records, N.J.S.A. 47:1A-1.1.
SPECIAL SERVICE CHARGE
Shall mean a charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with extensive use of Township information, technology or resources, or the extensive clerical or supervisory assistance by Township personnel necessary to provide access to the record(s).
[Ord. #1782, 3-15-2005, added; Ord. #2121, 10-26-2010, amended ]
a. 
The custodian of governmental records shall adopt an access to public records form which may be used by a requestor.
b. 
Requests for public records shall be filed with the custodian or a deputy custodian, except for Municipal Court discovery where such requests shall be filed with the Municipal Prosecutor.
[Ord. #1782, 3-15-2005, added; Ord. #2121, 10-26-2010, amended]
a. 
A copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation. Except as otherwise provided by law or regulation, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger.
b. 
Access to electronic records and nonprinted materials shall be provided free of charge, but the municipality may charge for the actual costs of any needed supplies such as computer discs.
c. 
If the municipality can demonstrate that its actual costs for duplication of a government record exceeds the foregoing rates, the municipality shall be permitted to charge the actual cost of duplicating the record. The actual cost of duplicating the record, upon which all copy fees are based, shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided for in Subsection 2-22.7 of this section.
d. 
Various other government records used by the municipality, governed by different law or regulation, can be found in Table 1.[1]
[1]
Editor's Note: Table 1 is included at the end of this section.
[Ord. #1782, 3-15-2005, added]
The custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains the record in that medium. If the public agency does not maintain the record in the medium requested, the custodian 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 agency; not routinely developed or maintained by an agency; or requiring a substantial amount of manipulation or programming of information technology, Bernards Township may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the agency or attributable to the agency for the programming, clerical, and supervisory assistance required, or both.
[Ord. #1782, 3-15-2005, added]
a. 
Postage costs will be added to all requests for public records required to be mailed and will be determined at the time of the request.[1]
[1]
Editor's Note: Former Subsection b, which immediately followed and provided for a fax surcharge, was repealed by Ord. #2121, 10-26-2010.
[Ord. #1782, 3-15-2005, added; Ord. #2121, 10-26-2010, amended]
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 pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, Bernards Township will charge, in addition to the actual cost of duplicating the record, a special service charge 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.
[Ord. #1782, 3-15-2005, added]
a. 
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.
b. 
Immediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective negotiations agreements and individual employment contracts, and public employee salary and overtime information.
[1]
Editor’s Note: Former § 2-22.9, Municipal Court discovery, added 3-15-2005 by Ord. #1782, was repealed 2-12-2013 by Ord. #2223.
[Ord. #1782, 3-15-2005, added]
a. 
Each subsection of this section and every subsection hereof shall be deemed independent, separate and distinct from all other subsections, and the holding of any subsection or a part hereof to be unconstitutional, void, or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any subsection or part hereof.
b. 
All ordinances, codes or parts thereof that are inconsistent with this ordinance are repealed or otherwise modified.
c. 
The changes reflected in this section shall be effective November 9, 2010, after adoption and publication.
[Ord. #2121, 10-26-2010, added]
Table 1
[Ord. #2121, 10-26-2010, amended]
Record
Fee
Statute
Assessment or tax search
$10
N.J.S.A. 54:5-14
Continuation assessment or tax search
$3
N.J.S.A. 54:5-15
200 feet property search by Tax Assessor
$0.25 per name, or $10.00, whichever is greater
N.J.S.A. 40:55D-12(c)
Duplicate tax certification
$100
N.J.S.A. 54:5-52.1
Duplicate tax bill
$5 for first copy; $25 for each subsequent copy of same bill in same year
N.J.S.A. 54:4-64.(d)
Police accident report
Same per page charge as prescribed in § 2.22-4 of this chapter. If copies of reports are requested other than in person, an additional fee of up to $5 may be added to cover postage and the administrative costs of the report
N.J.S.A. 39:4-131