An Act concerning adequate notice for public meetings, amending P.L.1975, c.231, and repealing P.L.2002, c.91.

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, sent by electronic mail or fax, 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, and (4) posted on the official Internet website of the public body, if one exists, in accordance with the applicable deadlines and standards set forth in this section. 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] P.L.1975, c.231 (C.10:4-18) set forth the location of any meeting, no further notice shall be required for such meeting.

(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:

4. 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 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, electronic mail, or fax, or by delivering a written notice of same to such newspapers , and by posting the notice on the official Internet website of the public body, if one exists; 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. The following sections are repealed:

Sections 1 and 2 of P.L.2002, c.91 (C.10:4-9.1 et seq.).

4. This act shall take effect immediately.

STATEMENT

This bill amends the definition of "adequate notice" and the requirements for holding a public meeting in the "Senator Byron M. Baer Open Public Meetings Act" to provide that a public body must post the required information on the official Internet website of the public body, if one exists, in addition to publishing a notice in two local newspapers, and in accordance with the applicable deadlines and standards for adequate notice set forth in the definition of "adequate notice." Currently, a public body must publish the notice in two newspapers to meet the standards for adequate notice, and no notice on the Internet is required.

The bill also permits a public body to deliver notice of a public meeting to a newspaper by electronic mail or fax.

Finally, the bill repeals sections 1 and 2 of P.L.2002, c.91 (C.10:4-9.1 et seq.), which permitted a public body to post a notice of a public meeting on its Internet website in addition to publishing the notice in two newspapers, but did not require the Internet notice to be posted.