[Adopted 3-2-1988 by Ord. No. 6-1988]
As used in this article, the following terms shall have the
meanings indicated:
The official, officer or employee of the City, any department,
agency, board or authority of the City who is authorized to be the
depository of the records of said department, agency, board or authority.
Any paper, written or printed book, document or drawing,
temporary or adopted budget (including each line item of such budget
and changes on each line item as reflected by activity on each line
account), map or plan, photograph, microfilm, sound-recording or similar
device, or any copy thereof which has been made or is required to
be received for filing, indexing or reproducing by an officer, employee,
commission, agency or authority of the City of Atlantic City by the
law of this state, rule of court, federal law, regulations or order
and ordinances of this City.
A.
Subject to the provisions of N.J.S.A. 47:1A-3, the custodian of public
records shall grant any citizen, employee and/or official of the City
of Atlantic City an opportunity during regular business hours maintained
by the custodian to inspect, copy or purchase copies consistent with
Resolution No. 438 of 1985 and any amendments or supplements thereto.
However, no fee shall be required to be paid for copies of any public
records requested by any employee, officer or official of the City
of Atlantic City needed by such person to carry out the duties, responsibilities
and/or powers of said person acting in his or her official capacity.
A.
Any custodian and/or person who violates or causes another to violate
the provisions of this article shall be subject to termination from
employment consistent with law and any rights provided said custodian
and/or person under any collective bargaining agreement in effect
and applicable to said custodian and/or person. In addition thereto,
such custodian and/or person causing another to violate this article
shall be personally responsible for any taxed costs and attorneys'
fee awarded to any successful citizen, employee or official who applies
to the Superior Court of New Jersey for an order releasing said information
pursuant to N.J.S.A. 47:1A-4.
B.
In the event that the City of Atlantic City is required by any court
to pay the penalties pursuant to N.J.S.A. 47:1A-4, then a summons
shall issue charging the custodian and/or person responsible for the
violation of this article. Upon a finding of guilty, the Municipal
Court shall impose a fine in an amount not less than the amount the
City had to pay pursuant to N.J.S.A. 47:1A-4 or $1,000, whichever
is less.
