Requesting Access to Government Records Under the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.)
1. This form should only be used to submit records requests to the Borough of Merchantville.
2. In order to request access to government records under OPRA, you must complete all the required portions of
and date this request form and deliver it in person during regular business hours or by mail, fax or
electronically to the appropriate custodian of the record requested. Your request is not considered filed until
the appropriate custodian of the record requested has received a completed request form. If you submit the
request form to any other officer or employee of the Borough of Merchantville, that officer or employee may
not have the authority to accept your request form on behalf of the Borough of Merchantville and your
request will be directed to the appropriate division custodian. The seven business day response time will not
commence until the proper custodian reviews the request to determine if it is complete.
3. If you submit a request for access to government records to someone other than the appropriate custodian, do
not complete the Borough of Merchantville request form, or attempt to make a request for access by
telephone or fax; the Open Public Records Act and its deadlines, restrictions and remedies will not apply to
your request.
4. The fees for duplication of a government record in printed form are listed on the front of this form. We will
notify you of any special charges, special service charges or other additional charges authorized by State law
or regulation before processing your request. Payment shall be made by check or money order payable to the
Borough of Merchantville.
5. If it is necessary for the records custodian to contact you concerning your request, providing identifying
information, such as your name, address and telephone number or an e-mail address is required. Where
contact is not necessary, anonymous requests are permitted; except that anonymous requests for personal
information are not honored.
6. You may be charged a 50% or other deposit when a request for copies exceeds $25. The Municipal Clerk
will contact you and advise you of any deposit requirements. Anonymous requests, when permitted, require a
deposit of 100% of estimated fees. You agree to pay the balance due upon delivery of the records.
7. Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in
New Jersey, any other state, or the United States, and who is seeking government records containing personal
information pertaining to the person’s victim or the victim’s family.
8. By law, the Borough of Merchantville must notify you that it grants or denies a request for access to
government records within seven business days after the custodian of the record requested receives the
request, provided that the record is currently available and not in storage. If the record requested is not
currently available or is in storage, the custodian will advise you within seven business days when the record
can be made available and the estimated cost. You may agree with the custodian to extend the time for
making records available, or granting or denying your request.
9. You may be denied access to a government record if your request would substantially disrupt agency
operations and the custodian is unable to reach a reasonable solution with you.
10. If the Borough of Merchantville is unable to comply with your request for access to a government record, the
custodian will indicate the reasons for denial on the request form and send you a signed and dated copy.
11. Except as otherwise provided by law or by agreement with the requester, if the custodian of the record
requested fails to respond to you within seven business days of receiving a request form, the failure to respond
will be considered a denial of your request.
12. If your request for access to a government record has been denied or unfilled within the time permitted by
law, you have a right to challenge the decision by the Borough of Merchantville to deny access. At your
option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint in
writing with the Government Records Council (GRC). You may contact the GRC by toll-free telephone at
866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us, or at their web
site at www.state.nj.us/grc. The Council can also answer other questions about the law.
13. Information provided on this form may be subject to disclosure under the Open Public Records Act.
