[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 3-23-1999
by Ord. No. 6-99. Amendments noted where applicable.]
The purpose of this chapter is to provide a procedure for the disclosure
to the public of copies of public documents on a timely basis, while protecting
from public disclosure the public documents that the borough is required by
law to maintain confidential.
The following definitions shall apply in this chapter:
A.
COMMON LAW PUBLIC DOCUMENT — A document required
by law to be kept, or necessary to be kept, in the discharge of a duty imposed
by law, or directed by law to serve as a memorial and evidence of something
written, said or done, or a written memorial made by a public officer authorized
to perform that function or a writing filed in a public office.
B.
PUBLIC RECORDS — Common law public documents and
right-to-know documents.
C.
RIGHT-TO-KNOW DOCUMENT — A document required by
law to be made, maintained or kept on file by the borough or any public board,
body, commission or authority created by law or by ordinance in the Borough
of Maywood, as defined by the Right to Know Law, N.J.S.A. 47:1A-2.
A.
Any person requesting to review and/or a copy of a common
law public document or right-to-know document shall file with the borough
official having custody of the document a request for public records form.[1] If the person is requesting a copy of any document, the applicant
shall submit the required fee with the form.
[1]
Editor's Note: Said form is on file in the borough offices.
B.
The public records requested will normally be available
within four business days, except that:
(1)
No tax or lien searches will be processed five business
days before and 10 business days after the quarterly due date for taxes (February
1, May 1, August 1, November 1).
(2)
No tax or lien searches will be processed two business
days before and after a tax sale.
(3)
Fifteen days for a certificate as to municipal taxes,
liens or improvements.
(4)
Minutes of public meetings will be available within two
business days after the minutes have been approved by the Council or board.
(5)
Records that are not readily available or that will require
a search of records will be made available as soon as possible. The applicant
will be provided with an interim report within five business days indicating
the amount of time that will be required to complete the search of the records.
(6)
Where a legal determination must be made as to whether
records are public records that are protected from disclosure, the time to
provide copies will run from the date that the municipal official receives
the determination from the Borough Attorney or a court order that the records
should be provided.
A.
The following types of documents shall not be disclosed
to the public unless the documents are designated as subject to approval by
the Mayor and Council or the applicable public body;
B.
The following documents shall not be disclosed to the
public unless the disclosure is approved by a majority vote of the public
body and/or the Borough Attorney or the attorney for the body:
C.
The following documents shall be disclosed only after
approval by the Borough Attorney or attorney for the public body:
(1)
Personnel records other than the following:
(a)
An individual's name, title, position, salary, payroll
record, length of service in the instrumentality of government and in the
government, date of separation from government service and the reason therefor;
and the amount and type of pension he is receiving.
(b)
Data contained in information which discloses conformity
with specific experiential, educational or medical qualifications required
for government employment or for receipt of a public pension, but in no event
shall detailed medical or psychological information be released.
(2)
Investigatory records of the Police, Health, and Code
Enforcement Departments, including fingerprints, cards, plates and photographs
and similar investigation records that are required to be made, maintained
or kept by any state or local government agency, except that the following
information shall be made available to the public as soon as practicable unless
it shall appear that the release of such information will jeopardize the safety
of any person or any investigation in progress or be otherwise inappropriate.
The term "as soon as practicable" shall generally be understood to mean within
24 hours:
(a)
Where a crime has been reported but no arrest yet made,
information as to the type of crime, time, location and type of weapon, if
any.
(b)
If an arrest has been made, information as to the name,
address and age of any victims unless there has not been sufficient opportunity
for notification of next of kin of any victim of injury and/or death to any
such victim or where the release of the names of any victim would be contrary
to existing law or court rule. In deciding on the release of information as
to the identity of a victim, the safety of the victim and the victim's
family, and the integrity of any ongoing investigation, shall be considered.
These concerns are heightened when a crime has been reported but no arrest
yet made.
(c)
If an arrest has been made, information as to the defendant's
name, age, residence, occupation, marital status and similar background information
and the identity of the complaining party unless the release of such information
is contrary to existing law or court rule.
(3)
Background checks or documents relating to same.
(4)
Ethics opinions given as advisory opinions to state or
municipal officers and employees.
(5)
Evaluations of personnel.
(6)
Notes of interviews of prospective municipal employees.
(7)
Personal or medical information, including all confidential
information regarding welfare recipients.
(8)
Any other document protected from disclosure by any state
or federal statute, rule, regulation or by case law.
Minutes of closed session meetings of the Mayor and Council and any
other public body shall be disclosed to the public as follows:
A.
All closed session minutes shall be maintained by the
clerk or secretary of the public body in a confidential folder or binder until
the release of same is approved as set forth herein.
B.
Once per year, the Borough Attorney or the attorney for
the public body, shall review the closed session minutes that are on file
with the clerk or secretary of the public body. Minutes of meetings at which
all matters that are resolved shall be approved for disclosure to the public,
except that matters that cannot be disclosed without injury to the public
interest and/or the privacy rights of any individual shall be redacted. The
approved and redacted version shall be maintained by the clerk or secretary
in a binder of closed session minutes approved for public disclosure.
C.
If a member of the public has a legitimate need to review
portions of closed session minutes that have not yet been approved for public
disclosure, then, upon receipt of a request for the minutes, the clerk or
secretary shall forward the minutes to the Borough Attorney or the attorney
for the body. The attorney shall determine what, if any, portions of the minutes
may be disclosed to the public, and redacted versions of the minutes may then
be disclosed to the person requesting same.
A.
All public documents shall be maintained by the clerk
or secretary of the body in accordance with the requirements of state and
federal law.
B.
All public documents may be destroyed by the clerk or
secretary of the body in accordance with the provisions of the Destruction
of Public Records Law, N.J.S.A. 47:3-8.1 through 47:3-8.32, and the schedules
established by the New Jersey Department of State Bureau of Archives and Records
Management.
The Borough Clerk is hereby authorized and directed to make copies of the following borough records and to charge the applicant for said copies as set forth in Chapter 169, Fees.