The Open Public Records Act (OPRA) requires records be provided in the medium requested, if the town keeps the record in that medium. If it does not, it must convert the records to the medium requested and then provide it. NJ.S.A. 47:1A-5(d). However, the town may charge you not only the costs of duplication but "a special charge that shall be reasonable and shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the agency or attributable to the agency for the programming, clerical, and supervisory assistance required, or both."
N.J.S.A. 47:1A-5(i) states that a requested record must be provided within seven business days, unless the record is in storage or archived. No exception is made for a delay due to changing the medium. However, several cases have found that a delay is justified and no violation occurred when the request required an extraordinary expenditure of labor and costs and a response within the seven day period would have substantially disrupted operations. NJ. Builders Association v. NJ. Council on Affordable Housing, 390 NJ. Super. 166 (App. Div. 2007).