04-25
Introduced: February 20, 2025
Public Hearing: March 6, 2025
Status: Adopted
Please note: An Ordinance Amending and Supplementing Article I, in General, of Chapter 2, Administration, of the Revised Ordinances of the Township of Randolph to Establish a New Division 3 Entitled "Municipal Buildings; Restricted Areas to Safeguard Public Records Containing Confidential or Exempt Information"
- WHEREAS, the Township of Randolph (“Township”) recognizes the importance of the rights guaranteed under the First Amendment of the United States Constitution and Article I Section 6 of the New Jersey Constitution; and
- WHEREAS, the Township acknowledges that as a matter of public policy, the rights afforded by the First Amendment of the United States Constitution and Article I Section 6 of the New Jersey Constitution are not unlimited; and
- WHEREAS, the rights afforded by the First Amendment of the United States Constitution and Article I Section 6 of the New Jersey Constitution are subject to reasonable time, place, and manner restrictions; and
- WHEREAS, Township officials and employees have a responsibility to maintain and safeguard public records that contain confidential information and information that is exempt from disclosure by law; and
- WHEREAS, to adequately comply with the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and to comply with the statutorily defined responsibilities, the maintenance and custody of specific records are required; and
- WHEREAS, the records, reports, documents and information maintained in municipal offices may not be available for immediate public view since they may contain personal information, phone numbers, social security numbers, dates of birth and other confidential or exempt information; and
- WHEREAS, securing these records maintains the integrity of this information and, when an Open Public Records Act request is received and it is determined that a requestor is entitled to the records, the records can be released individually and redacted as required by law; and
- WHEREAS, Township employees are not expected to physically intervene to protect
- records and creating secure areas with clear signage will help deter persons from accessing records which they are not entitled to receive pursuant to applicable law; and
- WHEREAS, the Township desires to amend and supplement Article I, In General of Chapter 2, Administration, of the Revised Ordinances of the Township of Randolph to establish a new Division 3 which restricts access to areas within municipal buildings as necessary to safeguard public records that are confidential or exempt from disclosure under applicable law.
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey, as follows:
Article I, In General, of Chapter 2, Administration, of the Revised Ordinances of the Township of Randolph is hereby amended and supplemented by the addition of the following:
DIVISION 3. - MUNICIPAL BUILDINGS; RESTRICTED AREAS TO SAFEGUARD PUBLIC RECORDS THAT ARE CONFIDENTIAL OR EXEMPT FROM DISCLOSURE
Sec. 2-10. – Restricted Areas.
Municipal office areas in the Township of Randolph Municipal Building and Police Department, 502 Millbrook Avenue, the Department of Public Works, 1345 Sussex Turnpike, the Parks and Recreation Department, 30 Calais Road, and the Randolph Township Free Public Library, 28 Calais Road have been secured and such areas and offices are not open to the public for the purpose of protecting documents, digital data and other written, copied or printed materials that are confidential and/or not subject to disclosure pursuant to the Open Public Records Act or other applicable law, which may include, but are not limited to, personally identifiable information that is protected by State and Federal law.
Sec. 2-11. – Signage.
The Township shall be required to post signs outside of restricted office areas which state “Stop, Restricted Area, Authorized Employees Only. Recording or Photography is Strictly Prohibited. Violators are Subject to Criminal Prosecution” or, in areas where the public interfaces with the staff and information that is protected under the Open Public Records Act is being discussed, submitted or reviewed, to post signs that state “Stop, Restricted Area. Recording or Photography is Strictly Prohibited. Violators are Subject to Criminal Prosecution”.
Sec. 2-12. – Violations.
Persons that trespass these posted, protected offices may be subject to prosecution under N.J.S.A. 2C-18-3.
All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
This Ordinance shall take effect as provided by law.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Joe Hathaway, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 04-25
Notice is hereby given that an Ordinance entitled "An Ordinance Amending and Supplementing Article I, In General, of Chapter 2, Administration, of the Revised Ordinances of the Township of Randolph to Establish a New Division 3 Entitled “Municipal Buildings; Restricted Areas to Safeguard Public Records that are Confidential or Exempt from Disclosure" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 20, 2025 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on March 6, 2025 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend and supplement Article I, In General, of Chapter 2, Administration, of the Revised Ordinances of the Township of Randolph to establish a new Division 3 which restricts access to areas within municipal buildings as necessary to safeguard public records that are confidential or exempt from disclosure under applicable law. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey