[Adopted 9-17-2002 by Ord. No. 2002-12]
It is hereby declared to be the public policy
of the Borough of East Rutherford 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
municipal 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 "public 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 a 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 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 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 two hours,
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 reports and photographs.
(1)
Police accident reports shall be $2 if requested and
picked up in person.
[Amended 2-18-2003 by Ord. No. 2003-1]
(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)
Photographs: cost of duplication.
(4)
Police discovery reports shall be $10 per report if
requested and picked up in person or other than in person.
[Added 2-18-2003 by Ord. No. 2003-1]
E.
Electronic records.
(3)
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 G below. For security reasons, the use of a floppy disks or CD provided by the requestor is prohibited.
G.
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 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.
