1. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
NJASBO Academy Program
Basic School Law
Robbinsville – November 2, 2017
Michael F. Kaelber, Esq.

2. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
N.J.S.A. 10:4-6 et. seq.
Applies to meetings of boards of education, and other government bodies
“ …it is it to be the public policy of this State to insure the right of its citizens to have adequate advance notice of and the right to attend all meetings of public bodies at which any business affecting the public is discussed or acted upon in any way…”

3. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
N.J.S.A. 10:4-6 et. seq.
Meeting – effective majority of the board present to discuss and act on public business
Consider – committees of less than a quorum, training sessions, retreats, conventions, chance encounters, social functions

4. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
N.J.S.A. 10:4-6 et. seq.
Meeting – effective majority of the board present to discuss and act on public business;
“…whether corporeal or by means of communication equipment…”
Board policy - speakerphone, teleconference,
, texting - county prosecutor memos

5. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Meeting Notice
Regular – Time, Date, Location – 7days org
Special – 48 hour advance notice of meeting, including time, date, location and agenda to the extent known, whether formal action will be taken
Emergency – Unforeseen, substantial harm to public interest, ¾ vote of members present

6. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Publication Requirements
Two newspapers capable of publication, greatest likelihood of informing the public
Posted, filed with clerk, mailed to requestors
Electronic notice permitted – N.J.S.A. 10:4-9.1, 9.2

7. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Public Participation
Boards of education must set aside a portion of every meeting for pubic comment on school district issues.
Not part of original Sunshine Law
Municipal governing bodies
Boards of education – 2008
Time, place, manner restrictions; may not restrict content of speech

8. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Minutes
Required for all meetings
“Reasonably comprehensible”
Time/place, members present, subjects considered, actions taken, vote of each member
Statement of compliance
“Promptly available”

9. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Closed Session Topics - Resolution
N.J.S.A. 10:4-13
Must adopt resolution at public meeting
General nature of subjects to be discussed; time and circumstances when the discussion can be disclosed to the public.
Some specificity is required; simply naming the exceptions is not enough.

10. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Closed Session Topics
N.J.S.A. 10:4-12
Matters confidential by law
Matters which could impair right to receive federal funds
Matters of individual privacy
Collective bargaining
Lease/purchase of property, bank rates, if public interest could be adversely affected

11. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Closed Session Topics
N.J.S.A. 10:4-12
Tactics and techniques for protecting safety and property of the public
Contract negotiation other than collective bargaining
Pending/anticipated litigation; attorney – client privilege
Deliberations of public body after a public hearing

12. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Closed Session Topics
N.J.S.A. 10:4-12 b 8
Personnel Exception – Rice Notice
Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion, or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;

13. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Closed Session Topics
N.J.S.A. 10:4-12
Personnel Exception – Rice Notice
48 Hours in advance of meeting
Right to request that closed session discussion be moved to public session
No right to attend closed session; if invited by the board, right to bring representation

14. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Kean Federation of Teachers v. Morrell
448 N.J. Super (App. Div. Feb. 8, 2017)
Key Facts:
Higher Ed faculty member was not recommended for reappointment as Associate Professor of Nursing.
Employee was not given Rice Notice.
Board voted not to reappoint.
Board claimed there was no private discussion, so there was no need for Rice Notice.
Also, the minutes of the meeting were not made available for 88 days
OPMA says must be made “promptly available.”

15. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Kean Federation of Teachers v. Morrell
448 N.J. Super (App. Div. Feb. 8, 2017)
Holding – Board is required to send out Rice notice any time any matter is on the agenda involving the employment, appointment, termination, evaluation, promotion, or disciplining of an employee.
Court further held that, absent extraordinary circumstances, minutes need to be made available w/in 45 days.
Result - Vote to not reappoint is null and void. Required 45 day time limit for minutes release, absent extraordinary circumstances.

16. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Kean Federation of Teachers v. Morrell
448 N.J. Super (App. Div. Feb. 8, 2017)
Key Quotes:
“When a public body acts on a personnel matter without prior discussion of any kind, the unexplained vote … reduces the event to a perfunctory exercise, devoid of both substance and meaning …”
“It is clear to us that the Board uses this approach to avoid sending a Rice notice… A silent unexplained vote … gives the impression that the Board colluded to circumvent the OPMA’s requirements.”

17. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Noncompliance, Penalties
N.J.S.A. 10:4-15, 16, 17
Actions may be voidable.
Corrective action may be taken
Superior Court – 45 days; Commissioner – 90 days
Knowing violations - $ 100, $ 500
No board member liability if objection stated on the record.

18. Sen. Byron M. Baer Open Public Meetings Act(“Sunshine Law”)
Questions?
Michael F. Kaelber, Esq.