[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 8-11-2003 by Ord. No. 17-0-03.[1]
GENERAL REFERENCES
Health records, fees for copies — See Ch. 122.
[1]
Editor's Note: This ordinance also repealed
former Ch. 38, Records, Fees for Certification of Public, adopted
4-13-1966, as amended.
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 government
records, as that term is defined by N.J.S.A. 47:1A-1.1, 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.
A.
Except as provided in Subsection B of this section, in accordance with N.J.S.A. 47:1A-1.1, the Borough Clerk is the custodian of records. The Borough 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-5f.
B.
The Borough Clerk may designate the Chief of Police
or his designee as custodian of police records so as to facilitate
the process of providing access to police records.
A.
Any person seeking to inspect, examine or copy a public
record of the Borough shall make application in writing to the Borough
Clerk, during regular business hours, on the form provided. All requests
for public records shall be as specific as possible, including the
type of record and date created, if known.
B.
The Borough Clerk shall promptly comply with a request
to inspect, examine, copy or provide a copy of a government record.
If the Borough Clerk is unable to comply with a request for access,
he or she shall indicate on the request form the specific basis for
such inability to comply and shall promptly return it to the requestor.
The Borough Clerk shall sign and date the form and provide the requestor
with a copy thereof.
C.
In those instances where the nature of the request
or the record itself leads the Borough Clerk to doubt whether or not
the record is a government record as defined by law, or is a record
exempt from disclosure, the Borough Clerk shall request an opinion
from the Borough Attorney. A copy of the request form shall be forwarded
to the Borough Attorney, who, after review and investigation, shall
issue an opinion and note such opinion on the request form and promptly
return it to the Borough Clerk.
D.
If any part of a particular record is exempt from
public access pursuant to N.J.S.A. 47:1A-1 et seq., the Borough Clerk
shall delete, redact or excise from a copy of the record that portion
which is exempt from access and shall promptly permit access to the
remainder of the record.
E.
If the record requested is temporarily unavailable
because it is in use or in storage, the Borough Clerk shall so advise
the requestor and shall make arrangements to make a copy of the record
available.
F.
If a request for access to a government record would
substantially disrupt Borough operations, the Borough Clerk 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 Borough.
G.
As required by N.J.S.A. 47:1A-5e, immediate access
shall be granted for access to budgets, bills, vouchers, contracts
(including collective negotiations agreements and individual employment
contracts), and public salary and overtime information.
Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Borough 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 Borough
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 Borough 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 Borough Clerk receives the request.
The requestor shall be advised by the Borough Clerk when the record
can be made available. If the record is not made available by that
time, access shall be deemed denied.
The Borough Clerk shall post on the Borough's
public bulletin board 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.
A.
Upon the approval of a request to view, inspect, examine
or copy a record, the record and the requestor shall remain in the
presence of the Borough Clerk or his or her authorized representative
at all times. Under no circumstances shall any government record be
removed from the office where it is normally kept unless accompanied
by the custodian or his or her authorized representative.
B.
In the event that the nature of the request requires
the Borough Clerk or other municipal official to expend more than
one hour to research and/or accumulate the requested information or
documents, the requestor shall place a deposit with the Borough to
cover the estimated hourly cost for the employee to perform such work.
In the event that the nature of a request to view records requires
that the Borough Clerk or other municipal employee observe or monitor
such viewing for a period of time exceeding one hour, the requestor
shall be responsible for reimbursing the municipality for time spent
by the Borough Clerk or other employee, which shall be payable from
the deposit set forth above.
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 inches
by 14 inches in size.
|
Number of Pages
|
Fee
(per page)
| |
|---|---|---|
|
1 to 10
|
$0.75
| |
|
11 to 20
|
$0.50
| |
|
All over 20
|
$0.25
|
B.
Large-sized paper documents and maps.
|
Document
|
Fee
| |
|---|---|---|
|
Zoning Map
|
$5.00
| |
|
Street Map
|
$3.00
| |
|
Drug-Free School Zone Map
|
Actual cost of reproducing
| |
|
Site plan
|
Actual cost of reproducing
| |
|
Subdivision plat
|
Actual cost of reproducing
| |
|
Tax Maps
|
Actual cost of reproducing
| |
|
Engineering plans
|
Actual cost of reproducing
| |
|
Duplicate tax bill
|
$5.00
| |
|
Subsequent duplicate tax bill
|
$10.00
| |
|
Photocopy of tax printout
|
$5.00
| |
|
Certified copy of marriage birth or death certificate
|
$5.00
| |
|
Studies, manuals, reports which must be duplicated
by an outside vendor:
|
Actual cost of reproducing
|
C.
Preprinted documents.
|
Document
|
Fee
| |
|---|---|---|
|
Land use pamphlet
|
$30.00
| |
|
Master Plan and amendments
|
$30.00
|
D.
Police records.
(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)
Typed statements: $15 for the first two pages and
$5 for each additional page.
(4)
Photographs: actual cost of reproducing.
(5)
Fingerprints: Each individual set of fingerprints
consisting of one to three cards taken for the benefit of other than
law enforcement or governmental agencies: $10 per set.
E.
Electronic records.
(1)
Copy of videotape: actual cost to reproduce.
(2)
Copy of audiotape: actual cost to reproduce.
(3)
Copy of electronic document or database. The following fees cover the cost of copying existing files to a floppy disk or compact disc. Any requests for software conversions shall be subject to the special service charge described in Subsection F below. For security reasons, the use of a floppy disk or compact disc provided by the requestor is prohibited.
(4)
Imposition of service charge; electronic files. A
service charge in the amount of $20 per request or a six-hundred-dollar
annual fee paid in advance shall be imposed for any electronic file
requested. The Borough Council authorizes the appropriate municipal
officer to collect such fee and deposit it in the Borough treasury.
This fee does not apply to mortgage companies and mortgage servicing
companies in connection with the direct billing and payment of real
estate taxes.
[Added 9-13-2004 by Ord. No. 18-0-04]
F.
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.
H.
Applicable postage shall be added for any and all
records requested by mail.
I.
A deposit shall be paid prior to filling any 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
