New Jersey Open Public Meetings Act; the Sunshine Law

by Carolyne Volpe Curley / Carolyne@WestEssexNOW.com
Published 11:30am

NEW JERSEY - According to the 1976 New Jersey Open Public Meetings Act,  all individuals have the right to attend all New Jersey Public Meetings, whether they be held by municipal, county or state governing bodies.

Additionally, the Act requires the governing body to:

• provide notice of the meeting
• allow for public comment during the meeting
• publish the meeting's minutes afterward

According to the New Jersey State League of Municipalities, the Act, which is popularly known as the "Sunshine Law," became necessary after public distrust of government following the Vietnam War and Watergate. 

A summary of the Act is as follows:
​

1. Definition of a Public Body and Public Meeting
   1. The Public have a vital democratic right to:
      1. be present at all Meetings of Governing Bodies
         1. this does not include Meetings where the Public Interest would be endangered or the personal privacy of individuals would be endangered
         2. This does not include non-voting Advisory Boards or Municipal Committees, nor any political partisan Meetings
      2. to witness all phases of  debate and voting
      3. to have adequate advance notice of the Meeting
         ​
2. Adequate Notice
   1. ​​Written Notice must be provided to the Public, at least 48 hours before the Meeting
      1. Time, Date, Location must be included
      2. Meeting Agenda must be included
   2. The Notice must be prominently Posted:
      1. printed and placed in a public space
      2. transmitted to two printed newspapers which have the most likelihood of reaching the greatest amount of the Public
         1. one of those newspapers will be designated as the Official Newspaper
      3. filed with the Municipal and County Clerks, and Secretary of State if the Meeting is a State Meeting 
   3. Without the appropriate Notice given, the Meeting must not take place.
      1. Exceptions:
         1. If there is a clear urgency to the Public's welfare, a Meeting may take place without adequate Notice
   4. Internet
      1. Additional notice may be posted on the Internet or by email, but this is not to be a substitute for the two printed Newspapers
         
         
3. Closed Sessions Permitted for:
   1. Confidential items 
   2. Matters which may impair the Governing Body's right to receive government funding
   3. Matters which invade an Individual's personal privacy unless the Individual gives written permission for the matter to be discussed publicly
   4. Collective bargaining matters
   5. Matters that could adversely affect the Public Interest if the matter was made Public including:
      1. the use of Public Funds for the rent or purchase of Property
      2. the Investment of Public Funds
      3. Public Safety
      4. Litigation or Contract Negotiation
      5. Employment
   6. Discussion or Debate, but not Resolution
      1. All Votes on Closed Session matters must take place in Public
      2. Public does not require knowing the reasons behind the Vote
   7. Later Excuses Not permitted:
      1. The Governing Body must not discuss or debate Public Matters in Closed Session and then later attempt to avoid the Violation by acknowledging the incident occurred
      2. However, a new Public Meeting may be called which will fully discuss and debate the Matter which was inappropriately discussed in Closed Session.
4. Minutes
   1. ​Records must be kept of:
      1. time and place
      2. members present
      3. subjects considered
      4. actions taken
      5. vote of each member
   2. Public and Closed Sessions must all be noted
   3. Minutes are not verbatim, they are only required to be records of:
      1. what took place
      2. what actions were taken
         1. No audio/video records are required
   4. Must soon be available to the Public
      1. Closed Session Minutes must be made public if requested but redacted if necessary
      2. Handwritten notes are not Public documents
         
         
5. Violations and Penalties
   1. An Individual attending a Meeting which they believe to be in Violation of this Act must immediately state their assertion at the Meeting
      1. the reasons must be recorded in the Minutes 
   2. Any Individual may go to their Superior Court to challenge an Action (a vote, a resolution) that was taken by any Governing Body which was in violation of this Act
      1. The Individual must approach the Court within 45 days of the Action
      2. The Court may agree and declare the Action to be Void
   3. The Governing Body has that same 45 days to correct the Action by starting over and debating and voting appropriately
   4. Penalties for each individual involved in the Violation include:
      1. First Offence - $100
      2. Continuing Offences - $100 to $500
         
         
6. Scheduling Meetings
   1. Once a year, the Governing Body must post their Meeting schedule for the upcoming year, in all of the required ways listed above
      1. within 10 days of the Annual Reorganization Meeting
      2. no later than Jan. 10
      3. any revisions must be posted to the Public, in the same way, within 7 days
   2. Any Individual may request to have the same Schedule and Revisions mailed to them and Governing Body must comply
      
      
7. Public Comment and Recording
   1. The Governing Body must allow time for Public Comment at every Public Meeting
      1. setting a time limit for each Comment is appropriate
      2. The Chair of the Meeting may request an Individual to be removed from the Meeting if they consider them to be disruptive or acting inappropriately
         1. Individual must keep within allotted permitted time
         2. Individual must speak only during Public Comment time period
         3. Individual must be warned of their actions, and only removed if they continue their actions
   2. Governing Body will permit any Individual to record, by audio tape or video, a Public Meeting
      1. Individual must not disrupt the proceedings 
         1. Individual may be removed if they behave inappropriately, after having been warned by the Chair and continuing their actions

Further information about the Act can be found online in detail here.

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