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The library abides by the Open Public Records Act, PL 2001, Chapter 404 NJSA 47:1A-1 et seq. All Requests under the Open Public Records Act (OPRA) must be made in writing on the form provided by the Library, which includes additional information, procedures and requirements. All requests under OPRA shall be hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the Custodian of the Records. A fee will be assessed for the duplication of a record pursuant to the fee prescribed by law or regulation, or if not prescribed by law or regulation, the actual cost of duplicating the record as well as other costs as permitted by the OPRA. All records are readily accessible for inspection, copying or examination, except for certain exceptions outlined in the law. Library records, as they relate to library users, are confidential under the law and will require a subpoena issued by a court to be released. OPRA defines a “government record” under N.J.S.A. 47:1A-1.1 as “any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The term shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.” E-mail communication is treated in the same way as all other communication and subject to the same rules. Confidential documents that are excluded from public disclosure under the Act include, but may not be limited to, the following: Employment Related Records - personnel records, except for the individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason for it, and the amount and type of any pension received.
- information generated by or on behalf of a public employer or employees in connection with any sexual harassment complaint, or regarding any grievance filed by or against an individual, or in connection with collective negotiations, including documents and statements of strategy or negotiating position.
Privacy Information - that portion of any document which includes any person’s social security number, credit card number, unlisted telephone number or driver license number, except when necessary for use by any court or law enforcement agency or the DMV
- trade secrets and proprietary commercial or financial information obtained from any source (including data processing software obtained under a licensing agreement that prohibits its disclosure).
- information that is to be kept confidential pursuant to court order.
Privileged Communications - any record within the attorney-client privilege (but not including attorney or consultant bills or invoices, although such invoices may be redacted to remove any information protected by the attorney-client privilege).
- communications between a public agency and its insurance carrier, administrative service organization or risk management office.
Security Information - administrative or technical information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security.
- emergency or security information or procedures for any building or facility, security measures and surveillance techniques, any of which, if disclosed, would jeopardize security of the building or facility, or of persons, property, electronic data or software.
- information which, if disclosed, would give an advantage to competitors or bidders.
Other - matters in which there is a right to privacy or confidentiality or inter-agency or intra-agency advisory, consultative, or deliberative material which is specifically exempt from law.
Adopted: 9/23/02
Revised: 12/16/02
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