Berkeley Township has no documents responsive to your request

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With regards to your request I was told by the Finance office that Berkeley Township does not have ez-pass records (see below) however that was incorrect information. The police department uses ez-pass for their vehicles but those records need to be redacted as per N.J.S.A. 47:1A-1.1 as such: The Berkeley Township Clerk's Office received your Open Public Records Act (OPRA) request on Tuesday November 12, , 2019. The official Records Custodian, received your OPRA request on the same date. As such, the seven (7) business day deadline to respond to your request is November 21, 2019. This response to your request is being provided to you on the 3rd business day after the custodian’s receipt of said request.
Your OPRA request sought access to the following: All EZ Pass records (statements) for the time 02/01/2019-07/31/2019
Amount due for this request $6.40 for 128 letter size pages printed out and redacted (This constitutes the cost for reproduction of redacted copies .05 cents per page) as per Paff v. Twp. of Teaneck (Bergen), GRC Complaint No. 2010-09 (Interim Order dated May 24, 2011): The Council held that “[a]lthough the actual cost of providing records electronically is likely $0.00 pursuant to [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010)], because the Custodian had to make copies to redact the requested minutes prior to providing same electronically, the Custodian’s charge of $6.00 represents the actual cost to provide the records to the Complainant pursuant to N.J.S.A. 47:1A-5(b).” Id. at 17. And affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18 Specifically, the Custodian’s assessed $0.47 charge for six (6) legal and one (1) letter sized pages of responsive records is lawful and reasonable, as she had to print and redact the documents prior to electronic disclosure. See N.J.S.A. 47:1A-5(b); Paff, GRC 2010-09. 6

All redactions are made pursuant to NJSA 47:1a-1.1

Payment can be made either
1. In person Monday through Friday Between 8:30 and 4 pm cash, check or money order
2. Via Mail : Berkeley Township Clerks Office, Attention OPRA Requests, P.O. Box B, Bayville NJ 08721 - Check or Money Order
Because the request was made anonymously please provide a copy of the request or this email so we can insure we are releasing the documents to the correct requestor.
Once Payment is received we will release the documents electronically. Or if you would like to rescind your request please advise.

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FINAL NOTICE:
Please be advised that the EZ-Pass Documents are ready once the Township receives payment for the pages the revised amount is 61 pages at five cents per page which is $3.05 cents. All redactions were made as per NJSA 47:1a-1.1(9)
(This constitutes the cost for reproduction of redacted copies .05 cents per page) as per Paff v. Twp. of Teaneck (Bergen), GRC Complaint No. 2010-09 (Interim Order dated May 24, 2011): The Council held that “[a]lthough the actual cost of providing records electronically is likely $0.00 pursuant to [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010)], because the Custodian had to make copies to redact the requested minutes prior to providing same electronically, the Custodian’s charge of $6.00 represents the actual cost to provide the records to the Complainant pursuant to N.J.S.A. 47:1A-5(b).” Id. at 17. And affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18 Specifically, the Custodian’s assessed $0.47 charge for six (6) legal and one (1) letter sized pages of responsive records is lawful and reasonable, as she had to print and redact the documents prior to electronic disclosure. See N.J.S.A. 47:1A-5(b); Paff, GRC 2010-09.
Payment can be made either
1. In person Monday through Friday Between 8:30 and 4 pm cash, check or money order 2. Via Mail : Berkeley Township Clerks Office, Attention OPRA Requests, P.O. Box B, Bayville NJ 08721 - Check or Money Order
Because the request was made anonymously please provide a copy of the request or this email so we can insure we are releasing the documents to the correct requestor.
Once Payment is received we will release the documents electronically. Or if you would like to rescind your request please advise.

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