2003-129

Final Decision

At its January 8, 2004 public meeting, the Government Records Council (“Council”) considered the following received in response to the Council’s December 11, 2003 Final Decision on Access; Interim Order on Cost of Duplication:

• January 6, 2004 letter from requestor’s counsel stating that the parties have reached an agreement in this case.

Based on the representation from requestor’s counsel, the Council voted unanimously to dismiss this complaint.

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

Virginia Hook, Secretary
Government Records Council

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Final Decision on Access; Interim Order on Cost of Duplication

At its December 11, 2003 public meeting, the Government Records Council considered the Acting Executive Director’s December 2, 2003 Findings and Recommendations. Based on the Council’s review of same, along with the submissions of the parties, the Council voted unanimously to accept the Acting Executive Director’s December 2, 2003 Findings and Recommendations and hereby:

1. Finds that in this case, the per page charge for paper copies is $2.00 per page pursuant to N.J.S.A.
2. Finds that N.J.S.A. 47:1A-5 dictates the fee for digital, microfilm and tape format copies of records on file with the county clerk.
3. Orders the custodian to advise the Acting Executive Director and the requestor what the cost of providing the requestor copies of the documents in the requested medium would be along with a detailed explanation of the basis for said cost(s) no later than December 29, 2003. ·
4. The Custodian's counsel alleges its records are found in a certain number of “books” that will take a certain number of days to copy onto CD-Rom. However, no attempt is made to differentiate between records currently in paper, microfilm or computer.The custodian shall offer an explanation to the requestor and the Executive Director that includes but is not be limited to:
   • What categories of records exist only in printed (paper) form that are not yet on microfilm or computer, the dates of the records in each category, the cost of providing (a) paper copies as calculated by N.J.S.A. 22A:2-29 or (b) computer scanned images of these records in TIFF format on CD-Rom pursuant to N.J.S.A. 47:1A-5. Here the Council assumes that the clerk no longer place paper records onto microfilm and, instead, scans them onto computer. If this is incorrect, the custodian should also state the cost of providing microfilmed images of the paper copies.
   • What categories of records are currently available on microfilm that are not yet scanned onto computer and readily available in TIFF format on CD-Rom, the dates of the records in each category, and the cost of (a) providing paper copies of microfilmed records; (b) providing a duplicate microfilm tape and (c) transferring microfilm images into TIFF format on CD-Rom.
   • What categories of records are already scanned onto computer, the dates of records in each category, and the cost of providing copies of these records in TIFF format on CD-Rom.
   • The costs associated with duplicating specific types of records such as maps or oversized records.
   • The time it will take to provide the requestor microfilm copies and CD rom copies for each category of records.
   
   If the requestor agrees to the charge in writing, the Acting Executive shall provide the custodian 10 business days within which to provide requestor the records unless the custodian provides credible proof that providing the records within that time would substantially disrupt agency operations. If the requestor advises in writing that he is challenging the lawfulness of the charge under OPRA, the Acting Executive Director will afford the custodian the opportunity to reply and shall prepare the issue for adjudication by the Council.
5. The custodian responded in a timely manner in two business days.

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

Virginia Hook, Secretary
Government Records Council

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