[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 11-21-2000 by Ord.
No. 2000-23. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses — See Ch. 91.
The purpose of this chapter is to establish a policy and procedure
by which the Borough of Kenilworth can meet its obligations to comply
with the provisions of the Right to Know Law (N.J.S.A. 47:1A-1 et
seq.) in a timely and efficient manner and to establish a schedule
of fees to be charged to the public for the service provided.
Unless the context clearly implies otherwise, the following
terms shall have the meanings indicated:
The Municipal Clerk of the Borough of Kenilworth.
A person duly deputized by the custodian of records for documents
pertaining to Police Department matters.
[Added 6-26-2002 by Ord.
No. 2002-10]
The fees established by this chapter for providing copies
of public records by the Borough or any of its departments, agencies,
political subdivision, officers, employees and/or elected officials.
Any individual, incorporated or unincorporated business or
association, charitable or nonprofit entity, partnership or limited
liability company.
All records required by law to be made, maintained or kept
on file by any board, body, agency, department, commission or official
of the Borough of Kenilworth, or any political subdivision thereof,
or any official acting for or on behalf thereof or as otherwise may
be provided for in N.J.S.A. 47:1A-5.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A request to review public documents without identifying
the document by name, date, number or other distinguishing characteristic
to enable the custodian of records to identify and retrieve the document
for inspection by the person making the request. Any random search
of public records shall be conducted at the Borough Clerk's office,
or such other location as she may designate, during regular business
hours, under the supervision of the custodian of records or her designee
and in such a manner so as to preserve the integrity of the records
being inspected.
The statutory terms set forth in N.J.S.A. 47:1A-1 et seq.
[Amended 6-26-2002 by Ord. No. 2002-10]
A.
All
requests for public records shall be made to the custodian of records,
in writing, on an application form to be provided by the custodian,
except that requests for records pertaining to the Police Department
shall be made directly to the deputy custodian of records.
B.
The
custodian of records shall, except in the case of a request for police
records, forward a copy of the request to the department head or other
Borough employee or official immediately in charge of such records.
The department head, employee or official shall endeavor to locate
the document or documents specifically requested and make the same
available at the Borough Clerk's office within seven business
days from the date of the written application. The Borough Clerk shall
notify the person making the request by telephone, or in writing if
no telephone number is provided, that the documents may be inspected
at the Clerk's office between 9:00 a.m. and 5:00 p.m., Monday
through Friday, legal holidays excepted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All requests for public records shall be honored in a timely
fashion; however, the public business of the Borough shall take precedence
over a request for public records.
When a request for a record is received and the custodian is
unsure or unable to determine if the record requested is a public
record under the Right to Know Law or common law, or if so, if it
is a record that may not be disclosed without violating the privacy
rights of third parties, or its disclosure may violate some other
law, rule, regulation or court decision, the custodian shall seek
the opinion of the Borough Attorney. The custodian shall be guided
by such legal opinion.
Unless otherwise provided for in Chapter 91 of this Code, the following fee schedule shall apply:
B.
Electronic
records. The fee to be charged shall be based on the charge to the
Borough if the records are maintained and/or processed through a third
party contractor/vendor. If the records are maintained by the Borough,
the fee shall be based on the reasonable cost to duplicate the records
which shall include the cost of blank tapes, discs or other medium
to be used and the actual employee hours expended in retrieving and
reproducing the records, not to exceed actual costs to the Borough.
D.
Any
person may, during regular business hours and under the supervision
of the custodian of records or her designees, copy public records
by hand without charge.
A.
All ordinances
or parts of ordinances of the Borough of Kenilworth inconsistent with
this chapter are hereby repealed as to their inconsistencies only.
B.
In the event
that any part of this chapter shall be deemed unenforceable by a court
of competent jurisdiction, it shall not affect the remaining parts
which shall remain in full force and effect.
