Understanding New Jersey's Open Public Meetings Act (OPMA)
This presentation outlines the Open Public Meetings Act (OPMA) in New Jersey, emphasizing the importance of public access to government meetings and decision-making processes. Sen. Byron M. Baer's Sunshine Law ensures transparency and democracy by allowing the public to attend and observe public body meetings. The Act requires adequate notice for meetings and exceptions for certain circumstances where public interest or individuals' rights may be at risk. Board administrators are advised to consult legal counsel for accurate advice.
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NJASBO Academy Program Board Basics for Newer (or not so new) Business Administrators The Open Public Meetings Act (OPMA) April 5, 2022 Michael F. Kaelber, Esq. NJASBO Education Law Consultant LEGAL ONE Coordinator for Online Course Development kaelbs1122@aol.com, mkaelber@njpsa.org ,
Disclaimer This presentation is intended as a summary of law only, and is not meant as legal advice. Please consult your attorney to obtain legal advice. 2
Sen. Byron M. Baer Open Public Meetings Act (OPMA) The Sunshine Law
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) P.L. 1975 c. 231, N.J.S.A. 10:4-6 et. seq. Applies to meetings of boards of education, and other government bodies 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 except only in those circumstances where otherwise the public interest would be clearly endangered or the personal privacy or guaranteed rights of individuals would be clearly in danger of unwarranted invasion. 4
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) P.L. 1975 c. 231, N.J.S.A. 10:4-6 et. seq. right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies, is vital to the enhancement and proper functioning of the democratic process; that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society 5
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) P.L. 1975 c.231, N.J.S.A. 10:4-6 et. seq. Meeting effective majority of the board (quorum) present to discuss and act on public business; exceptions whether corporeal or by means of communication equipment Board policy - speakerphone, teleconference P.L. 2020, c. 11, 34 Virtual Meetings 6
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Exceptions to OPMA Meeting Requirements Advisory bodies with no effective authority. Committees with membership of less than a quorum, with no authority to act. Three (3) or more public bodies at a convention or similar type gathering. Chance encounters, social gatherings. 7
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) OPMA, Meetings and Technology Guidelines for Communicating Electronically Avoid real time electronic communications of more than a quorum; constitutes a meeting. Avoid the rolling email; can constitute a quorum One way emails to a quorum of the board, no reply; generally OK. County prosecutor memos Gloucester County Remember electronic communications about board business are government records regardless of the source. 8
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) - Quorum Alfonso Mastrofilipo v. BOE of the Borough of Lodi, Commissioner 11/29/2021 Former board member, who resigned from the BOE to run for a new three year term, alleged his rights were violated when the board filled two vacancies without interviewing him. Claimed Board lacked a quorum when it voted to fill the two Board vacancies and further alleged BOE violated the New Jersey Election Law by not interviewing him nor considering his application as a candidate to fill vacancies. Quorum 2 vacancies on 9 member board, 7 remaining members; Commissioner concurred with ALJ, 4 present constituted a quorum. Common law quorum rule a majority of a municipal governing body constitutes a quorum ; and in the event of vacancy, a quorum consists of a majority of the remaining members. Citing M.J. Law Enf t Comm n v Divincenzo, 445 N.J. Super 187, 199 (App.Div. 2016) which quotes Ross v. Miller, 115 N.J. L. 1935. As noted in Divincenzo, a vacant position is not counted to determine what the legal quorum is. Id. at 200. Absent an applicable statute to the contrary, respondent argues, the common law quorum rule applies, citing Bihilla v. Local Finance Bd., 2016 W.L. 3408396 #2 (App. Div. 2016) . 9
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) - Quorum Alfonso Mastrofilipo v. BOE of the Borough of Lodi, Commissioner 11/29/2021 But see, to the contrary, Attorney General Formal Opinion No. 3 (1991), Beckhausen v. Rahway Bd. Of Ed. 1973 S.L.D. 167, 176, N.J.S.A. 18A:12-15b., Ross v. Miller does not apply to boards of education. 9 member board, 5 member quorum regardless of vacancies. Petitioner did not have a legal entitlement to be interviewed for a vacancy on the Board; the Board did not violate any law or otherwise abuse its discretion in declining to grant petitioner an interview for one of the two vacancies; Commissioner concurred with ALJ s analysis and decision. Matter dismissed. 10
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Meeting Notice - N.J.S.A. 10:4-8,9 Regular Time, Date, Location, Annually, 7 days reorganization 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, vote of members present Sample Meeting Notices 11
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Meeting Notice - N.J.S.A. 10:4-8,9 Agenda to the Extent Known Case Law Opderbeck v. Midland Park BOE, 442 N.J. Super. 40 (App. Div. 2015) cert. den. (11/20/2015) No obligation for BOE to provide all attachments that board members may receive OPMA does not impose a legal obligation on public bodies, including BOEs, to provide copies of any appendices, attachments, reports, or other documents referred to in their agendas. Agenda should be given its plain ordinary meaning; a list or outline of things to be considered or done. Reversed Judge Doyne s Law Division opinion which required attachments. 12
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Meeting Notice - N.J.S.A. 10:4-8,9 Agenda to the Extent Known Case Law Syvertsen v Scotch Plains, 251 N.J. Super. 566 (App. Div. 1991) Case addressed the right of BOE to refuse to allow a board member to attend closed session discussions regarding litigation strategies involving a lawsuit he brought against the BOE. OPMA lawsuit against the BOE. Specificity of the agenda to the extent known. Agenda said superintendent s contract, but did not mention an annuity that was part of the compensation. Agenda deemed insufficient by the trial court. 13
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Publication Requirements - N.J.S.A. 10:4-8,9 Two newspapers capable of publication, greatest likelihood of informing the public; must meet newspaper requirements for content. N.J.S.A. 35:1-1 et. seq. Posted, filed with clerk, mailed to requestors Electronic notice permitted N.J.S.A. 10:4-9.1, 9.2 See P.L. 2020, c. 11, 34, Virtual Meetings 14
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Publication Requirements, Electronic Notice - N.J.S.A. 10:4-9.1, 9.2 In addition to the notice requirements of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), a public body may provide electronic notice of any meeting of the public body through the Internet. As used in this section, "electronic notice" means advance notice available to the public via electronic transmission 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 at such meeting. 15
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Public Participation - N.J.S.A. 10:4-12a Boards of education must set aside a portion of every meeting for public comment on school district issues. Not part of original Sunshine Law; DOE Monitoring provision, pre-1990; board policy. o Board shall provide for a period of public comment at all of its regular meetings. Municipal governing bodies - 2002 Boards of education 2008 Time, place, manner restrictions; may not restrict content of speech; board policy; may advise public of staff privacy rights and BOE inability to respond. Besler v. West Windsor Plainsboro BOE (1997 2010) 16
Sen. Byron M. Baer Open Public Meetings Act( Sunshine Law ) Lewis-Gallagher v BOE of Twp. of Monroe 7/12/18 Board properly filled board member vacancy. Failure to advertise in two newspapers for special meeting did not invalidate the appointment as no action was taken at the meeting; question on level of vote. 8-0 appointment vote occurred at next properly advertised regular meeting.
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Minutes - N.J.S.A. 10:4-14 Required for all meetings open and closed Reasonably comprehensible Time/place, members present, subjects considered, actions taken, vote of each member Statement of compliance Promptly available two weeks or by the next BOE meeting; QSAC, Matawan Aberdeen, 212 N.J. Super. 328 (Law Div. 1968) Sample Minutes 18
Open Public Records Act (OPRA) N.J.S.A. 47:1A-1 et. seq. Libertarians for Transparent Government v. Government Records Council (GRC) 1/26/18 Appellate Division holds that draft minutes of GRC meeting were advisory, consultative, deliberative material not subject to disclosure under OPRA as a government record. Draft minutes were pre-decisional and deliberative ; subject to revision and recommendation and require deliberation before approval. Cites to Kean Federation of Teachers v. Morell N.J. Supreme Court - timeliness of releasing approved minutes; promptly available - App. Div. 45 days, went beyond the OPMA Consider Matawan Aberdeen App. Div. and QSAC two weeks or by the next meeting, whichever is first 19
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 20
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 21
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Closed Session - N.J.S.A. 10:4-12 McGovern v. Rutgers 211 N.J. 94 (2012) Board need not hold public session and then closed session in sequential order. Public body afforded discretion in determining most advantageous and efficacious method of proceeding through agenda. Absent proof of bad motive, courts should be loathe to intervene in such a highly individualized decision and to impose rigid mandates that could prove unworkable. 22
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Closed Session Resolution N.J.S.A. 10:4-13 Prior to entering closed session, the board must adopt a resolution indicating the general nature of the subject, the time and circumstances under which the discussion can be disclosed to the public. Simply reiterating the exceptions is not enough; must be some specificity. See Trenton State Bd. of Trustees, McGovern v. Rutgers, New Jersey Foundation for Local Government v. Island Heights BOE Sample resolutions to go into closed session 23
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Closed Session - N.J.S.A. 10:4-12 McGovern v. Rutgers University, Superior Court of NJ, Appellate Division, February 11, 2011 Closed session resolution stated discussion of matters falling within contract negotiations and attorney-client privilege Included in Board discussion was a contract with a sports marketing group and proposals for naming rights to new stadium. Court ruled that the notice should contain as much information as is consistent with full public knowledge without doing any harm to the public interest. Based on this particular situation it was ruled that the two contracts should have been identified in the notice. New Jersey Foundation for Open Government v. Island Heights BOE, Superior Court of NJ, August 26, 2014 Closed session resolutions stated that the Board would discuss confidential student information, personnel matters, and contracts/ litigation. Court found that this leaves the public to guess which of these topics the Board would discuss because they give three different possibilities. 24
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; 25
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 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 Regina Rice v. Union County Regional Board of Education, 1977 Appellate Division decision Sample Rice notices 26
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Persi v. Woska - App. Div. 3/10/17 Board member violated the School Ethics Act when he unilaterally issued a Rice notice to the superintendent without the consent of the Board President or the rest of the board. Only the Board President or a majority of the board may Rice the superintendent. Private action that could compromise the board. Reprimand. See N.J.A.C. 6A:32-3.1 Special Meeting 27
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Cheng v. Rodas Commissioner, 1/10/17 Board president violated the School Ethics Act when he unilaterally issued a Rice notice to the school business administrator. Reliance on legal opinion from board attorney does not insulate the board member from sanction. Only the superintendent may issue a Rice notice to an employee such as the school business administrator. Private action that could compromise the board. Reprimand. See N.J.A.C. 6A:32-3.1 Special Meeting 28
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Kean Federation of Teachers v. Morrell 448 N.J. Super. 520 (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. 29
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Kean Federation of Teachers v. Morrell 448 N.J. Super. 520 (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. 30
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Kean Federation of Teachers v. Morrell New Jersey Supreme Court, Dkt. No. A-84-16 Decided June 21, 2018 Holding Appellate Division reversed Rice notices need not be given to all potentially affected employees whenever a personnel matter appears on the public meeting agenda. Procedural notice required in Rice should not be extended beyond its factual setting; would add to the OPMA requirements not imposed by the Legislature. Minutes should be approved regularly and released in a timely manner. 31
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Centrella v. Prospect Park BOE App. Div. 5/17/19 App. Div. affirmed Law Division holding that BOE did not violate the OPMA when it failed to discuss resolution to RIF tenured speech therapist (economic reasons) and did not permit her to comment on resolution before voting. Speech therapist properly received RICE notice and requested the matter be moved to open session. Citing Kean, N.J.S.A. 10:4-12(b)(8) does not require that a public entity engage in any particular level of discussion at a public meeting. Right to move discussion from closed to open session. 32
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Simadiris v. Paterson BOE, App. Div. 1/21/2021 App. Div. determined that Tenured Employees Hearing Law section, N.J.S.A. 18A:6-11, which prohibits discussion of personnel matters involving tenured employees in public, took precedence over Open Public Meetings Act section granting affected public employees the right to demand a public hearing, N.J.S.A. 10:4-12 (b) (8), through the receipt of a Rice notice giving the employee the opportunity to move the discussion to public. No entitlement to Rice notice. App. Div. reversed Law Division determination that board of education s resolution certifying tenure charges against tenured board employee after a closed session was void due to lack of a Rice notice to employee to allow movement of the closed session discussion to public session. OPMA provides general rule favoring open public meetings except when other legislation created an exception. Tenured Employees Hearing Law is one such exception. First time the App. Div. has addressed this issue. See Cirangle v. Maywood Board of Education, 164 N.J. Super. 595 (Law Div. 1979) See Rice v. Union County Regional High School Board of Education, 155 N.J. Super. 64 (App. Div. 1977)
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. Relates back to the date of the initial action. Superior Court 45 days; Commissioner 90 days Knowing Violations - $ 100, $ 500 No board member liability if objection stated on the record. 34
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Coyle v. Jersey City Board of Education Commissioner 12/3/2019 Resident alleged that Board violated the School Ethics Act, N.J.S.A. 18A:12-21 et seq., during negotiations of a CBA between the board and the Jersey City Education Association (JCEA). Allegations involved alleged various board member conflicts and invocation of the Doctrine of Necessity. ALJ found that the Commissioner had no jurisdiction over the petition. Commissioner s jurisdiction is limited to matters that arise under the school laws, N.J.S.A. 18A:6-9. All allegations related to the School Ethics Act, over which the School Ethics Commission has jurisdiction. No incidental jurisdiction pursuant to the Open Public Meetings Act as claimed by petitioner. ALJ dismissed the petition, Commissioner concurred. 35
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Greene v. Burch Charter School of Excellence Commissioner 2/4/2020 Commissioner determined that bd. of ed. non-renewal of a non-tenured vice principal was not arbitrary, capricious or unreasonable. Vice principal argued that board s handling of a grievance filed against her and her subsequent non- renewal were improper and discriminatory. Board s decision to require petitioner to attend cultural sensitivity training as a result of the grievance was void. Board failed to issue a Rice notice to petitioner for the meeting during which appeal of the Board s decision to require sensitivity training was discussed in closed session. 36
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Greene v. Burch Charter School of Excellence Commissioner 2/4/2020 Board has fulfilled its OPMA obligations by providing her with the required Rice notices for these meetings and giving her the opportunity to be heard in public. OPMA does not contain any requirement about the robustness of the discussion that must take place on a topic. See Kean Board has virtually unlimited discretion in non-renewing non-tenured teaching staff members absent constitutional constraints or legislatively conferred rights. No such violations alleged by vice principal. 37
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Paff v. Trenton Board of Education Law Div. 7/12/19, aff d App. Div. 11/13/2020 Trial court judge denied request for attorney fees under the NJCRA for a violation of the OPMA. Trial court judge noted that the only relief being sought under the NJCRA was for attorney s fees. OPMA s specific remedies did not include the award of attorney s fees to the prevailing parties. By its enactment of the NJCRA, the Legislature did not intend to supplement the remedies available under the OPMA and allow for the award of attorney s fees. Trial court had found that the BOE had violated the OPMA when it failed to provide the public with adequate notice, in the manner prescribed by N.J.S.A. 10:4-8(d), that it would be discussing the payment of a merit bonus to the Superintendent at the September 24, 2018 meeting.
Sen. Byron M. Baer Open Public Meetings Act ( Sunshine Law ) Paff v. Trenton Board of Education Law Div. 7/12/19, aff d App. Div. 11/13/2020 App. Div. affirmed and opined that the limited remedies available under the OPMA indicate that the Legislature intended to foster compliance with the open meeting and public notice requirements without unduly burdening public bodies and their members with unlimited monetary penalties and awards of attorney s fees and costs. Applying the remedies under the NJCRA to violations of the OPMA would not complement the OPMA. It would substantially alter a comprehensive legislative scheme. The trial court correctly determined that the Legislature did not intend such a result when it enacted the NJCRA.
Questions? 40
Sen. Byron M. Baer Open Public Meetings Act (OPMA) - The Sunshine Law Remote Board of Education Meetings During a Period of Emergency Statutes and New DCA Regulations
Remote BOE Meetings During Emergency P.L. 2020, c. 11 (3/20/2020), N.J.S.A. 10:4-9.3 - During a State of Emergency, Public Health Emergency, or State of Local Disaster Emergency, a public body shall be permitted, by means of communication or other electronic equipment, to: Conduct a meeting and any public business to be conducted thereat, Cause a meeting to be open to the public, Vote, or Receive public comment. Executive Order 292 (3/4/22) lifts COVID 19 Public Health Emergency; Executive Order 103 State of Emergency Remains in Effect 42
Remote BOE Meetings During Emergency During such periods of emergency, a public body may elect to provide electronic notice pursuant to N.J.S.A. 10:4-9.1 in lieu of the standard adequate notice required under the OPMA To the extent practicable, a public body providing only electronic notice of a meeting during the period of emergency shall limit public business discussed or effectuated thereat to matters necessary for the continuing operation of government and which relate to the applicable emergency declaration. DCA, State Board of Education adopt regulations; 18 months, then APA; c.34 Dir. DLGS in DCA regs; public body def. less than county, notice, public input 43
Remote BOE Meetings During Emergency NJDOE Recommendations on Virtual Meetings Boards of education should provide guidance to the public for remotely accessing and providing comment at the meeting. Boards of education should still have an advertised meeting place, which, is connected to the meeting through communications equipment, unless otherwise directed by state or local emergency management or health officials, consistent with Executive Order 103 (Murphy 3/9/2020). Boards of education are reminded that they are required to provide a means of public comment even if a meeting is held remotely. 44
Remote BOE Meetings During Emergency NJDOE Recommendations on Virtual Meetings Boards of education which currently record the audio or video of their meetings, should continue to record a remote meeting. If a board of education meeting remotely requires an executive or closed session, the board must use a mechanism that ensures the confidentiality of closed session. A board of education may consider using a separate, non-public, dial-in mechanism for the executive or closed portion of the meeting. Boards are encouraged to consult with local counsel and OEM 45
Other Sources of Recommendations on Remote Board of Education Meetings New Jersey Department of Education Business Operations Guiding the Education Community Through the COVID-19 Pandemic Department of Community Affairs (DCA) https://www.nj.gov/govconnect/news/general/#1 New Jersey School Boards Association (NJSBA) Open Public Meetings Act and Technology: New Information 46
Remote BOE Meetings During Emergency P.L. 2020, c.34 (5/15/2020) - Allows extension of certain local government timeframes; allows local governments to accept certain payments; allows local governments to conduct certain meetings remotely; adjusts certain property tax distribution and notice requirements Section 1 - Once the Director of DLGS gives permission to extend the tax payment collection date, each governing body can delay payments to school districts in a timeline equal to the grace period given taxpayers; Director of DLGS then gets to determine how much must be paid over to the schools on the regular due date. 47
Remote BOE Meetings During Emergency P.L. 2020, c.34 (5/15/2020) - Section 8 When a public health emergency, a state of emergency, or both, or a state of local disaster emergency has been declared by the Governor and is in effect, a local public body may conduct a public meeting remotely by electronic means, provided that reasonable public notice and provision for public input is made under the circumstances. Director DLGS in the DCA shall adopt rules and regulations concerning the conduct of remote public meetings; emergency regulations. 48
Remote BOE Meetings During Emergency P.L. 2020, c.34 (5/15/2020) - Section 8 Regulations shall include minimum procedures to be followed to provide reasonable public notice and allowance for public input. "Local public body" means any "public body," as that term is defined in N.J.S.A. 10:4-8, with territorial jurisdiction equal to or less than a county. "Public meeting" means that same as that term is defined in N.J.S.A. 10:4-8 49
DCA/DLGS Emergency OPMA Regulations Emergency Remote Meeting Protocol for Local Public Bodies N.J.A.C. 5:39-1 et. seq. Issued 9/24, effective immediately; concurrently proposed for permanent adoption in the 10/19 N.J. Register. Public comment period until November 18. Regulations apply to remote public meetings during a declared state of emergency, but not to remote public meetings otherwise permitted by the OPMA. Nothing in the regulations prohibits a remote public meeting otherwise permitted by the OPMA. Regulation highlights 50
