Proposed Amendments to the Open Public Meetings Act

A bill was introduced to the Legislature on February 18, 1999 which proposes to substantially amend the Open Public Meetings Act, N.J.S.A. 10:4-6, et. seq. The following is a list of some of the proposed amendments and how they would change the existing law:

1. An amendment to the definition of a public body which is subject to the requirements of the Act to include a "commission, committee, subcommittee, or other group which is created by any of the above entities and which includes in its membership at least one-third of the membership, or two or more members, of the entity so creating it and which is authorized by law or by that entity to make recommendations to that entity concerning the adoption or amendment of the entity's budget or other authorization for the expenditure of public funds, or concerning any other matter which is subject to adoption or approval by ordinance, resolution or other formal action of the entity."

   This amendment would require advance notice and publication of any meeting of any committee or group of two or more members rather than requiring advance notice and publication of only meetings of an effective majority.

2. An amendment to the definition of "adequate notice" to include a brief description of each matter or item on the agenda for discussion or for action in a manner reasonably sufficient to convey to the ordinary reader of the notice the substance of that matter or item.

   This amendment would require a detailed agenda to be provided with the annual notice as well as any 48-hour notices.

3. An amendment that except as otherwise provided, no action at a meeting shall be taken on a matter which was not listed for action on the agenda.

   This amendment would alter existing case law that suggests that a public body can add additional items to a regular meeting and act upon them, unless of course, the omission of the item was meant to mislead the public.

4. An amendment that requires an affirmative vote of 2/3 of the members of the entire public body to hold a special meeting without providing adequate notice.

   Previously, only a 3/4 affirmative vote of those present was needed.

5. An amendment to the requirements for minutes of executive sessions, including their availability.

   This amendment explains in greater detail when closed session minutes must be made available, and includes a three-year time limit.An amendment to the requirements for minutes of executive sessions, including their availability.

   This amendment explains in greater detail when closed session minutes must be made available, and includes a three-year time limit.

6. An amendment that provides that any fines imposed upon any member for a violation of the Act may not be reimbursed by the governmental body.

   This amendment ensures that if a member is fined, that the member pays the fine, and is not permitted to be reimbursed by the governmental body.

This bill was introduced by Assemblyman Christopher Bateman and Assemblyman Peter Biondi. An identical bill was introduced in the Senate by Senator Walter Kavanaugh. A copy of Assembly Bill 2894 is attached for your review. Any opinions on this bill should be directed to either your local Assemblyman or Assemblywoman and Assemblymen Bateman and Biondi.

This Legal Alert was prepared by Susan S. Hodges, Esq., a member of Capehart & Scatchard's Employer Relations and Environmental Department. If you would like additional information, please contact Ms. Hodges at (609) 234-6800 or shodges@capehart.com.