Notice to Requestors of University Records
Montclair State University, in compliance with the New Jersey Open Public Records Act (“OPRA”), NJSA 47:1A-1 et seq., hereby provides notice that all University records, other than those identified by OPRA as exempt or as exceptions to disclosure and those protected from disclosure by federal or other State law, will be available for inspection or copying according to the following process:
- The Office of the University Counsel is the University Records Custodian under OPRA and oversees compliance with OPRA. Any public request for records or other information or for answers to any questions concerning the University’s administration of OPRA must be directed to that Office during normal business hours at Montclair State University, College Hall Room 228, Upper Montclair, New Jersey 07043. University office hours are 8:30 a.m. to 4:30 p.m., Monday through Friday, from the fourth week in August through the last week in May and 8:00 a.m. to 5:15 p.m., Monday through Thursday, from the first week in June through the third week in August, excluding holidays.
- Members of the public requesting University records must submit a completed Public Records Request Form to the University Records Custodian, including a brief but clear description of the records sought. Request forms are available in the Office of the University Counsel and online. The requestor must sign and date the form.
- Upon receipt of the request, the Records Custodian, in accordance with applicable law, will provide the records as soon as possible. OPRA provides that records are to be made accessible within seven business days, unless they are in storage, archived, or otherwise cannot be made available within that time. If the records cannot be made available to the requestor on the same day, the Records Custodian will advise the requestor in writing whether the records will be provided in whole or in part and, if they will not be provided, will state the reasons why the requested records or some part thereof will not be provided.
- If the Records Custodian indicates the records will be provided to the requestor, the notice will indicate the date, time and location the records will be made available for inspection or the manner and timing according to which the records will be mailed to the requestor. OPRA also permits the Records Custodian and the requestor to discuss and agree upon the timing according to which the University will provide the records to the requestor.
- Persons requesting copies of records in accordance with OPRA are responsible for all costs associated with reproducing records. All requests with fees estimated to exceed $25 require payment of a 50% deposit. Except as otherwise provided by law or regulation, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger. If the University’s actual costs for duplication of a government record exceeds the foregoing rates, the University may charge the actual cost of duplication. Access to electronic records and non-printed materials will be provided free of charge, but the University may charge for the actual costs of any needed supplies such as computer discs.
- In cases where records cannot be reproduced by ordinary document copying equipment in ordinary business size or where extraordinary time and effort are necessary to accommodate a request, OPRA allows a special service charge. The University charge is $45 per hour of professional and administrative services and $15 per hour for clerical processing services.
- The requestor has an opportunity under OPRA to review and object to any charges before they are incurred, but payment must be made before a copy of the record is provided to the requestor.
- If your request is denied or unfilled within seven business days, or the Records Custodian advises you that your request cannot be filled within that time, you may contact the Custodian to attempt a resolution of any dispute. You also have a statutory right to file an action in Superior Court or, in lieu thereof, in the Government Records Council (GRC), New Jersey Department of Community Affairs (toll free 866-850-0571 or 609-292-6830 or online at www.nj.gov/grc to challenge a decision by the University to deny you access to a requested record.
- While every effort has been made to ensure the accuracy of the information contained herein, the University reserves the right to make changes to its OPRA policies and procedures at any time without prior notice.