Precident set for 'unreasonable fees' in Edison

by: mitch

Fri Mar 24, 2006 at 07:08:32 PM EST

The $55 fee that Edison Township charges the public for copies of its council minutes on computer diskette is "unreasonable," a state appeals court ruled yesterday.

The unanimous ruling, which sets a precedent that must be followed statewide, was a victory for the Libertarian Party, which chal lenged the fee as excessive. The appeals court agreed, noting that the minutes are created in electronic form and can easily be copied to a computer diskette.

  "The actual cost of the diskette is far less than $55," Appellate Divi sion Judge Jose Fuentes wrote. "Thus, the only discernible rationale for the fee is to discourage the public from requesting the information in this format. Such a policy is not legally sustainable."

Fuentes said the $55 fee puts "an unreasonable burden on the right of access guaranteed by OPRA," the state's Open Public Records Act...

The case was argued in November before Edison Mayor Jun Choi took office. In January, shortly after his inauguration, Choi said he wanted to make township workings "open and transparent."

"I'm sure we can come up with a mutually agreeable rate. It's a new day in Edison," Choi said. "We have some questions why the previ ous administration even contested this in court."

John Paff, secretary of the Libertarian Party of central New Jersey, said he wanted computer copies of council minutes so he could search them electronically and share them with party members via e-mail and the party's Web site.

"We're very pleased," Paff said. "I'm really hopeful this is going to make a big difference in opening public records."