The City Clerk shall perform the duties required
by law or ordinance. Any enumeration or specification of duties in
this article shall be for the purposes of classification and not by
way of exclusion of any duties prescribed elsewhere by this chapter
or other City ordinance.
[Added 10-9-2012 by Ord. No. 25-2012]
The City Clerk is hereby authorized:
A.
To correct in the text of any ordinance such errors in references
to other ordinances and laws and in punctuation and spelling and other
obvious errors in form which will not affect the substance of the
ordinance, as shall be concurred in by the Corporation Counsel, and
shall make such corrections in preparing the ordinance for codification
and printing.
B.
To correct errors caused when two or more amendments to the same
section of an ordinance are enacted, but such amendments omit provisions
of and fail to refer to one another. Only amendments that may be put
into simultaneous operation may be reconciled. Corrections shall be
with the concurrence of the Corporation Counsel and, thereafter, the
office shall prepare the ordinance for codification and printing.
The City Clerk shall, pursuant to law, prepare
at the request of the Mayor, City Council or any department certified
copies of records which may be utilized as evidence in any court or
administrative proceeding or as may be needed to document any study,
submission or application prepared in behalf of the City.
A.
The City Clerk shall attend all public meetings of
the City Council and transcribe and keep accurate minutes thereof.
He shall also attend such meetings of the committees of the City Council
as may be requested of him.
B.
He shall perform such tasks, make such studies and
submit such reports as the Mayor and City Council may request of him
from time to time to aid them in the performance of their duties.
C.
He shall dispatch such official notices or communications
as the Mayor and City Council may direct him to do in behalf of the
City.
A.
The City Clerk shall have general custody of all records
and documents of the City where no other custodian is expressly designated.
He shall file and keep safely:
(1)
All ordinances of the City, including ordinances of
all boards, commissions and agencies except the Board of Education.
(2)
Resolutions of the City Council and such resolutions
of the boards, commissions and agencies of the City as are not otherwise
retained by the respective boards, commissions or agencies as part
of their official records.
(3)
Copies of all written regulations issued by the Mayor
or by any department, board, commission or agency pursuant to any
law of the state, this chapter or any other ordinance of the City.
(4)
The minutes of all public meetings of the City Council
and such other written minutes of the committees of the City Council
and other meetings of the City Council as shall be reduced to written
form.
(5)
All maps and official papers which by law or ordinance
are required to be placed on file with the City Clerk.
(6)
All abstracts of title, leases, deeds, contracts or
other legal documents to which the City is a party.
(7)
All surety bonds and contracts of insurance of the
City.
(8)
A list of oaths of office, terms of office and expiration
dates of all appointees to any board, commission or agency.
(9)
All personnel records.
B.
The City Clerk shall make such arrangements for the
safekeeping, classification and indexing of all such records and documents
in accordance with state law, provided that no such records and documents
shall be destroyed or disposed of unless at least 15 days' notice
has been given to the Mayor and City Council.
There is hereby established the office of Deputy
City Clerk.
The Deputy City Clerk shall be appointed by
the Mayor and confirmed by the City Council.
The Deputy City Clerk shall perform such duties
as may be assigned by the City Clerk. He shall have all the powers
and duties of the City Clerk during such times and for such periods
as the City Clerk shall be absent or in case of vacancy in the office
of City Clerk.
[Added 9-24-2012 by Ord. No. 24-2012]
A.
Purpose. It is hereby declared to be the policy of the City of East
Orange 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.
B.
Right to inspect, examine, copy government records. The public shall,
in accordance with the terms set forth in this section, have the right
to inspect, examine or copy any government record maintained by public
agencies, with the exception of those records to which public access
would violate an individual's reasonable expectation of privacy and
those records specifically exempt by law pursuant to N.J.S.A. 47:1A-1
et seq.
C.
Custodian and deputy custodians of records. Except as provided in Subsection M of this section:
(1)
Pursuant to N.J.S.A. 47:1A-1 et seq., the City Clerk shall be the
Custodian of Records for all government records of the City.
(2)
The Custodian of Records shall adopt a form for the use of any person
who requests access to a government record.
(3)
The Clerk hereby designates Deputy Custodians within each division or department, set forth specifically in Subsection M, who shall assist the Custodian of Records to respond efficiently to any request for government records not maintained within the office of the City Clerk. Each Deputy Custodian shall submit to the Clerk's office a bimonthly report. Said report shall be in a form and contain information to be determined by the City Clerk.
D.
Inspection, examination and copying of public records.
(1)
Any requestor seeking to inspect, examine or copy a public record
shall make application in writing to the Custodian of Records during
regular business hours; faxed and e-mailed requests are prohibited.
All requests shall be on a form provided and shall specify in detail
the type of record requested and, if known, the date created.
(2)
If a request for access to a government record would substantially
disrupt the operation of City government, the Custodian of Records
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 City.
E.
Time limits for compliance.
(1)
Unless a shorter period is required by statute, regulation or executive
order, the Custodian of Record shall grant access to a public record
or deny such access in writing within a period of seven business days
after he or she receives the request, if possible. If the Custodian
of Record is unable to comply with a request for access, he or she
shall indicate on the request form the specific basis for such inability
and shall promptly return it to the requestor. The custodian shall
sign and date the form and provide the requestor with a copy thereof.
Failure to respond within seven business days shall be deemed a denial
of the request.
F.
Fees.
(1)
The Custodian of Record shall impose fees for copies of public records
in accordance with N.J.S.A. 47:1A-5 et seq.
(2)
The Custodian of Record shall require a deposit prior to reproducing
a public record or records where the cost of reproduction will exceed
$25. The amount of the deposit shall equal the total estimated cost
of reproducing the public record or records.
(3)
Special service charge.
(a)
Notwithstanding Subsection F(1), in addition to the actual cost of duplication, the Custodian of Records may impose a special service charge:
[1]
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 is such that the record cannot be produced by ordinary
document-copying equipment in ordinary business size or involves an
extraordinary expenditure of time and effort to accommodate the request,
including, but not limited to, retrieval of documents from storage
or which have been archived;
[2]
When the request is for a government record in a medium not
routinely developed or maintained by the City; or
[3]
When a request for a government record requires a substantial
amount of manipulation or programming of information technology by
the City, and the cost of such manipulation or programming is not
otherwise included in the fee.
(b)
The special service charge shall consist of the following:
[1]
A service charge of $45 per hour for each hour deemed necessary
to respond to the request.
(c)
The Custodian of Records shall advise the requester of the estimate
of charges, which shall include the actual cost of duplicating the
records and a special service charge that shall be reasonable and
shall be based on the actual direct cost of providing the copy or
copies. If the requestor objects to the charge after having reviewed
the same, the Custodian of Records shall not incur said charges until
an agreement is reached between the requestor and the Custodian of
Records.
(4)
There will be a minimum mailing charge of $0.50 whenever copies of
a document are requested to be mailed. The Custodian of Records shall
assess additional mailing charges where the size and weight of the
requested documents so requires. Where a recording of a public meeting
is requested, there will be a postage and handling fee of $2 per tape
or disk.
G.
Exceptions to OPRA. All government records are subject to public
access unless specifically exempt under OPRA (N.J.S.A. 47:1A-1.1 et
seq.) or any other law, statute, regulation or executive order.
H.
Certain documents not deemed public record until in final form. The
following documents shall not be considered government records until
put into final form:
(1)
Unapproved minutes of open sessions of the City Council and of the
boards, commissions and agencies of the City.
(2)
Unapproved minutes of executive sessions of the City Council and
of the boards, commissions and agencies of the City and any reports
or documents or other materials used by City Council or any board,
commission or agency of the City relating to issues discussed in executive
session so long as executive session minutes have not been approved.
(3)
Reports prepared for review by the Mayor or City Council or any board,
commission or agency of the City prior to the expiration of seven
calendar days after the receipt of the report by the Mayor or City
Council or any board, commission or agency of the City.
(4)
If a government record is not in final form, the custodian shall
notify the requestor within seven business days after the custodian
receives the request. The custodian shall also notify the requestor
when the record can be made available.
I.
Opinion of attorney in questionable cases. In instances where the
Custodian of Record harbors doubt as to whether or not a document
is a public record or is a public record exempt from disclosure, the
Custodian of Record shall request an opinion from the Corporation
Counsel. A copy of the request form shall be forwarded to the Corporation
Counsel, who after review shall issue an opinion. The Corporation
Counsel shall note his or her opinion on the request form and shall
promptly return said form to the Custodian of Record.
J.
Partial production of government records. If any part of a particular
record is exempt from public access under N.J.S.A. 47:1A-1 et seq.,
the Custodian of Records shall delete, redact or excise that portion
which is exempt from access and shall promptly permit access to the
remainder of the public record.
K.
Large volume requests. If the Custodian of Record determines that
a request for access to a public record would substantially disrupt
the operation of City government, he or she may deny access to the
public record after an attempt to reach a reasonable solution with
the requestor has failed.
L.
Posting of appeals procedure. The City 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 language the right
to appeal a denial or failure to provide access to a public record
and the procedure by which the appeal may be filed.
M.
Department heads and division managers. Each department head in his/her
absence thereof division manager, the Chief of Police, Fire Chief
and secretaries to the Planning Board and Zoning Board of Adjustment
are hereby designated as Deputy Custodians for the purpose of fulfilling
requests for records from their respective departments.
(1)
All requests for public records shall be given to the City Clerk
on a form provided by the City Clerk.
(2)
The City Clerk, in his/her discretion, shall assign the requests
to the Deputy Custodian to administer the request.
(3)
The Deputy Custodians shall adhere to the time limits for compliance set forth in Subsection E of this section and notify the City Clerk of the production of documents.
(4)
The Deputy Custodians shall provide the Clerk with dates of compliance
to all requests for access to public records.
