Public Records
The New Jersey Open Public Records Act (OPRA) gives greater access to public inspection and duplication of government records. OPRA does not cover the judicial branch or municipal courts, as they are regulated by other statutes. The public has access to government records except for those documents that fall under defined exclusions.
Under OPRA, the Randolph Township Clerk has been designated as the official Custodian of Records. A summary of the procedures, forms and timetables for access are explained in more detail below.
- What is a government record?
A government record is a physical record that has a government purpose and that is held by a public agency. Under OPRA, the “physical record” includes any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data-processed or image-processed document, and information stored or maintained electronically or by sound recording.
- What government records are accessible to the public?
Generally, all government records are accessible to the public except those that fall under the exceptions to public access set forth in OPRA. Examples of public records that are accessible to the public include minutes of regular public meetings, budgets, bills, vouchers, and contracts, including collective bargaining agreements, individual employment contracts, and public employee salary and overtime information.
- Why are some records exempt from disclosure?
Under OPRA, certain records are exceptions to the public accessibility standards because of the legal principle that citizens have a reasonable expectation of privacy regarding records in possession of a public agency; because of public safety concerns; and because of the need to insure unfettered debate, discussion, and consideration of issues inside public agencies.
- How do I obtain government records?
The procedure for obtaining government records in Randolph Township is fairly straightforward. It is important to note, however, that you need to know what records you want. For example, the Township Clerk will be unable to fulfill a request for “all council meeting minutes where the budget was discussed.” In order for your request to be processed, you will be required to provide an accurate description for each record sought.
Citizens who wish to obtain government records must file a records request with the Township Clerk. This is accomplished by completing a form available at the Clerk’s office. For your convenience, we have also made the Records Request Form available online. In order to view it, you will need the freely available Adobe Reader software installed on your computer, version 4 or higher.
This is a “fillable form” and may be filled out on your computer. Please note that a fillable form isn’t the same as electronic filing and it is not possible to electronically submit a form—you must print it out after entering the information. Complete instructions are provided on the first page of the application.
- What is the time frame for requests?
A requestor will be given immediate access to budgets, bills, vouchers, and contracts (including collective bargaining agreements and individual employment contracts) that are readily available to the Township Clerk at the time of the request. “Immediate access” means that the Township Clerk will make every effort to provide access as soon as it is requested.
For records which are not immediately available, the Township Clerk has seven business days to indicate that the township will either deny, fulfill, or inform the requestor of the time it will take to process the request. If the request involves large amounts of information, both the requestor and Township Clerk can agree to an extension of time.
- What happens if my request is denied?
If the Township Clerk denies the request, there are two avenues of redress: the requestor may file a suit in Superior Court or apply to the Government Records Council (GRC) for relief. It is suggested that requestors pursue the latter course of action because the GRC may be able to intervene and resolve the matter without a formal complaint being filed. See “A Citizen’s Guide to the Open Public Records Act” at the state’s web site for more information.
- Fees
The fees for copies are as follows:
pages 1-10……75¢ per page
pages 11-20……50¢ per page
pages 21+……25¢ per pageAt the discretion of the Township Clerk, a deposit may be required for large requests. Tapes, maps, hearing transcripts, exhibits, drawings, etc. will be charged based upon the actual cost to the agency for reproduction. The Township Clerk will inform the requestor of these special charges and elicit agreement in writing prior to reproduction.