[Adopted 4-14-2004 by Ord. No. 9-2004[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. II, Copies of Police Reports, adopted 5-26-1982 by Ord.
No. 7-1982, as amended 10-13-1999 by Ord. No. 23-1999.
It is hereby declared to be the policy of this
City to recognize the public's general right to know pursuant to the
Public Open Records Act (N.J.S.A. 47:1A-1 et seq.). All records kept
in the course of official duties by any City officer or employee shall
be deemed to be “government records,” as that term is
defined by N.J.S.A. 47:1A-1.1, and such records 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.
In accordance with N.J.S.A. 47:1A-1.1, the Municipal
Clerk is designated as the custodian of records. The 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.
A.
Any person seeking to inspect, examine or copy a public
record of this municipality shall make application in writing to the
Municipal 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 Municipal Clerk shall promptly comply with a request
to inspect, examine, copy or provide a copy of a government record.
If the 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 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 Municipal Clerk to doubt whether or
not the record is a “government record,” as defined by
law, or is a record exempt from disclosure, the Clerk shall request
an opinion from the Municipal Attorney. A copy of the request form
shall be forwarded to the Attorney, who, after review and investigation,
shall issue an opinion and note such opinion on the request form and
promptly return it to the Municipal Clerk.
D.
If any part of the particular record is exempt from
public access pursuant to N.J.S.A. 47:1A-1 et seq., the 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 Clerk shall so advise the
requestor and shall make arrangements to make a copy of the record
available.
F.
If the request for access to a government record would
substantially disrupt municipal operations, the 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 municipality.
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 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 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 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 Clerk receives the request. The requestor shall be
advised by the Clerk when the record can be made available. If the
record is not made available by that time, access shall be deemed
denied.
The 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 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 Municipal 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 a request to view
records requires that the Clerk or other municipal employee observe
or monitor such viewing for a period of time exceeding 1/2 hour, the
requestor shall be responsible for reimbursing the municipality for
time spent by the Clerk or other employee.
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:
D.
Police Department fees established. The following
fees are hereby fixed and established for certain services extended
and materials distributed by the Police Department, City of Linwood,
New Jersey:
(1)
Copies of reports which are either requested individually
or through discovery, including:
[Amended 8-11-2004 by Ord. No. 17-2004]
(a)
Accident and property loss reports, discovery
for accident cases, discovery for traffic arrest cases, discovery
for criminal arrests and investigation: pages one through 10: $0.75
per page; pages 11 through 20: $0.50 per page; all pages over 20:
$0.25 per page.
(b)
Transcripts of taped statements: $20 up to 10
pages; $1 per page for each additional page in excess of 10.
(2)
Record checks or searches: $5 per record. (See exemption.)
(3)
Letters of record for licensing, disposition required:
$5 per record.
(4)
Viewing of photo accident scenes: $3.
(5)
Photo prints: $0.50 per print.
(6)
Fingerprinting for canvassers, solicitors, employment
application, armed services, real estate brokers, immigrations, etc.:
$5.
(7)
Viewing of videotapes in DWI, by appointment only:
$20.
E.
Times for viewing copies of police reports. By appointment
only, reports may be viewed at the police station from 9:00 a.m. to
12:00 noon and 1:00 p.m. to 3:00 p.m. on Monday through Friday.
F.
G.
Collection of fees; receipts for police reports.
H.
Release forms required for arrest records. No arrest
record or information concerning an arrest record, adult, juvenile
or traffic, shall be released without furnishing a release form signed
by subject in reference.
I.
Electronic records.
(2)
Copy of electronic document or database. The following fees cover the cost of copying existing files to a floppy disk or CD. Any requests for software conversions shall be subject to the special service charge described in Subsection J below. For security reasons, the use of floppy disks or CD provided by the requestor is prohibited.
J.
Pursuant to N.J.S.A. 47:1A-5c, 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, the public agency may charge, in addition to the actual
cost of duplicating the record, a special service charge that shall
be reasonable and shall be based upon the actual direct cost of providing
the copy or copies. The requestor shall have the opportunity to review
and object to the special service charge prior to it being incurred.
K.
Applicable postage shall be added for any and all
records requested by mail.
L.
A deposit shall be paid prior to filling any anonymous
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.
