Bill Text: NJ S2952 | 2018-2019 | Regular Session | Introduced


Bill Title: Clarifies that compliance with notice requirement in other applicable law will satisfy notice requirement for purposes of OPMA when public body provides at least 48 hours' advance notice.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-17 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2952 Detail]

Download: New_Jersey-2018-S2952-Introduced.html

SENATE, No. 2952

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 17, 2018

 


 

Sponsored by:

Senator  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

     Clarifies that compliance with notice requirement in other applicable law will satisfy notice requirement for purposes of OPMA when public body provides at least 48 hours' advance notice.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning notice for public meetings and amending P.L.1975, c.231.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1975, c.231 (C.10:4-8) is amended to read as follows:

     3.    As used in this act:

     a.     "Public body" means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this State, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds including the Legislature, but does not mean or include the judicial branch of the government, any grand or petit jury, any parole board or any agency or body acting in a parole capacity, the State Commission of Investigation, the Apportionment Commission established under Article IV, Section III, of the Constitution, or any political party committee organized under Title 19 of the Revised Statutes.

     b.    "Meeting" means and includes any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body.  Meeting does not mean or include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering.

     c.     "Public business" means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body's functions or the conduct of its business.

     d.    "Adequate notice" means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one  of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body and (3) filed with the clerk of the municipality when the public body's geographic boundaries are coextensive with that of a single municipality, with the clerk of the county when the public body's geographic boundaries are coextensive with that of a single county, and with the Secretary of State if the public body has Statewide jurisdiction.  For any other public body the filing shall be with the clerk or chief administrative officer of such other public body and each municipal or county clerk of each municipality or county encompassed within the jurisdiction of such public body.  Where annual notice or revisions thereof in compliance with section 13 of this act set forth the location of any meeting, no further notice shall be required for such meeting. Advance published notice of at least 48 hours issued in conformity with any other applicable provision of law shall be deemed adequate notice.

(cf: P.L.1981, c.176, s.2)

 

     2.    Section 10 of P.L.1975, c.231 (C.10:4-15) is amended to read as follows:

     10.  a.  Any action taken by a public body at a meeting which does not conform with the provisions of this act shall be voidable in a proceeding in lieu of prerogative writ in the Superior Court, which proceeding may be brought by any person within 45 days after the action sought to be voided has been made public; provided, however, that a public body may take corrective or remedial action by acting de novo at a public meeting held in conformity with this act and other applicable law regarding any action which may otherwise be voidable pursuant to this section [;  and provided further that any action for which advance published notice of at least 48 hours is provided as required by law shall not be voidable solely for failure to conform with any notice required in this act].

     b.    Any party, including any member of the public, may institute a proceeding in lieu of prerogative writ in the Superior Court to challenge any action taken by a public body on the grounds that such action is void for the reasons stated in subsection a. of this section, and if the court shall find that the action was taken at a meeting which does not conform to the provisions of this act, the court shall declare such action void.

(cf: P.L.1975, c.231, s.10)

 

     3.    This act shall take effect immediately and shall be retroactive to June 1, 2016.

STATEMENT

 

     This bill clarifies that publication of notice at least 48 hours in advance of a public meeting in conformity with any other applicable law, such as the Municipal Land Use Law under N.J.S.A.40:55D-12, is adequate notice under the Open Public Meetings Act.

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