[HISTORY: Adopted by the City Council of
the City of Pleasantville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-5-2002 by Ord. No. 24-2002]
This article shall be known as the "City of
Pleasantville Access to Government Records and Establishment of Fees
Ordinance."
It is hereby declared to be the public policy
of the City of Pleasantville to recognize the public's general right
to know pursuant to the Open Public Records Act.[1] All records kept in the course of official duties by any
City of Pleasantville officer or employee shall be deemed to be government
records, as that ten 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
statutes or other regulation, common law practice, executive order
of the Governor, Rules of Court, federal law or judicial decision;
this article was established to comply with the mandate of N.J.S.A.
47:1A-1 et seq., known as the Open Public Records Act, including that
portion of the law permitting the establishment of charges/fees, not
otherwise provided, to be imposed and associated with the reproduction
of the materials requested.
[1]
Editor's Note: See N.J.S.A. 47:1A-1.
A.
In accordance with N.J.S.A. 47:1A-1.1, the Municipal
Clerk or his/her designee is designated as the custodian of records
with the exception of the records kept by the Police or Fire Department.
The Chief of Police or his/her designee shall be the custodian of
records for the City of Pleasantville Police Department and the Chief
of the Pleasantville Fire Department or his/her designee shall be
the custodian of records for the City of Pleasantville Fire Department.
B.
The City recognizes the fact that the daily operation
of the various departments regularly involves the distribution of
public records, as the term is defined by state law, to the public,
and that it would be inefficient to require that all requests be submitted
to the City Clerk. In an effort to make records available within the
time frames specified by the law, the City will continue this policy
in addition to the procedure provided by this article.
A.
Any person seeking to inspect, examine or copy a public
record of this municipality shall make application in writing to the
Municipal Clerk, or other custodian identified by this article, 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 or other custodian shall promptly
comply with a request to inspect, examine, copy or provide a copy
of a government record. If the custodian 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 custodian shall sign and date the
form and provide the requestor with a copy thereof.
C.
In those instances where the nature of the request
to the record itself leads the custodian 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 to the custodian.
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 custodian
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 storage, the custodian 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 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 of 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 an address, or telephone number, or other means of
contacting the requestor, the custodian 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 custodian receives the request. The requestor shall
be advised by the custodian 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
or failure to provide access to 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 custodian 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 to view
records requires that the custodian 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 custodian 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
records, 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
|
Rate
(per page)
| |
|---|---|---|
|
1 to 10
|
$0.75
| |
|
11 to 20
|
$0.50
| |
|
All over 20
|
$0.25
|
D.
Police and Fire reports and photographs.
(1)
Police/Fire reports and photographs: Black and white copy, same as Subsection A above; Color copy.*
(2)
Police accident reports and Fire incident reports: same as Subsection A above, if requested and picked up in person.
(3)
Police accident and Fire incident 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.
(4)
Photographs.*
G.
A special service charge shall be imposed, in addition
to the actual costs of duplicating the record, where the nature, format,
manner or collation or volume of printed mater 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. A special service charge
will be applied when the custodian must change the medium in which
the record is normally kept in order to comply with the request. The
special service charge will include the cost of labor in addition
to the cost of materials as well as any other actual costs incurred
by the City. The requestor shall have the opportunity to review and
object to the special service charge prior to its imposition.
I.
Applicable postage shall be added for any and all
records by mail.
J.
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 produce. The amount of the deposit shall equal
the total estimated cost of filling the request.
|
* NOTE: The fees for the items specified will
be the actual cost and adopted by resolution of Council, and are subject
to change. The resolution specifying the costs for these items will
be posted next to the appeal notice described above or in some other
conspicuous place.
|
[Added 7-7-2004 by Ord. No. 16-2004;
amended 4-16-2007 by Ord. No. 19-2007; 2-17-2016 by Ord. No. 2-2016]
Copies of a vital record, including birth, marriage,
death, domestic partnership, and civil union certificates, may be
purchased for a fee of $10 for each certificate.
[Added 11-6-2017 by Ord.
No. 18-2017]
A notary fee of $2 shall be imposed for each page.
[Adopted 6-19-2017 by Ord. No. 9-2017]
Purpose: The general purpose of this article is to establish
policies and procedures for the collection of fees associated with
the performance of marriage and civil union ceremonies by the Mayor.
B.
Compensation and reimbursement of expenses incurred through the performance
of marriage and civil union ceremonies:
(1)
Receipt of fees. The fee shall be paid by check, cash or money order
payable to the City of Pleasantville. Fees collected shall be deposited
into City's Escrow Account.
(2)
Disbursement of fee. The fees for service may be disbursed to the
Mayor through the appropriate budget line item and with appropriate
authorization.
(3)
Eligible persons. The City shall reimburse only proper reasonable
expenses incurred directly by and for the Mayor. Under no circumstances
shall the City reimburse expenses or expenditures on behalf of or
because of any spouse, child, guest or other person.
