Bill Text: NJ S3105 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires public bodies to publish detailed agenda prior to public meeting.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-10-18 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3105 Detail]

Download: New_Jersey-2018-S3105-Introduced.html

SENATE, No. 3105

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 18, 2018

 


 

Sponsored by:

Senator  THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Requires public bodies to publish detailed agenda prior to public meeting.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning meetings of public bodies 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:

     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.

      e.    "Agenda" means a written document that includes each item of public business that is scheduled to be considered at a meeting of a public body and is sufficiently detailed and thorough so as to provide all relevant information, including any supporting documentation, in order to ensure the opportunity for an appropriate and meaningful public review of each item to be considered.

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

 

      2.   Section 4 of P.L.1975, c.231 (C.10:4-9) is amended to read as follows:

      a.    Except as provided by subsection b. of this section, or for any meeting limited only to consideration of items listed in [section 7. b.] subsection b. of section 7 of P.L.1975, c.231 (C.10:4-12), no public body shall hold a meeting unless adequate notice thereof, including an agenda, has been provided to the public.

      b.   Upon the affirmative vote of three quarters of the members present a public body may hold a meeting notwithstanding the failure to provide adequate notice if:

     (1)   such meeting is required in order to deal with matters of such urgency and importance that a delay for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest; [and]

     (2)   the meeting is limited to discussion of and acting with respect to such matters of urgency and importance; [and]

     (3)   notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described in [section 3. d. above] subsection d. of section 3 of P.L.1975, c.231 (C.10:4-8), and also by notifying the two newspapers described in [section 3. d.] subsection d. of section 3 of P.L.1975, c.231 (C.10:4-8) by telephone, telegram, or by delivering a written notice of same to such newspapers; and

     (4)   either (a) the public body could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided [;] or (b) although the public body could reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so.

(cf: P.L.1975, c.231, s.4)

 

      3.   This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires every public body in the State to provide a detailed and thorough agenda, as defined in the bill, prior to holding a public meeting.  Public bodies covered under the bill include any 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.  The bill does not cover 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.

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