Where there is government there is usually concerned about decisions being made without the public’s knowledge. Quite frequently a frustrated citizen may complain about politician’s decisions occurring in a “smoke-filled room”.
Today the room is no longer smoke-filled due to public health concerns; there is still concern about transparency i.e. being able to observe the process and listen to the discussions and arguments leading up to a decision by any elected official. So, any interested citizen attending a public meeting should be aware of what is commonly referred to as the “Sunshine Law.”
In New Jersey there is the Public Meetings Act that was enacted in 1975. It establishes the rights of all citizens to have adequate advance notice of all public meetings and “ the right to attend meetings at which any business affecting the public is discussed or acted upon.” (N.J.S.A. 10:4-6 to 10:4-2
Want to make sure your voices are heard, or you have the opportunity to hear your elected officials deliberating. Then you should be aware of the following elements of the Public Meetings Act.
The first consideration is that you should be informed as to a meeting being scheduled. Local government officials cannot simply call a meeting and make a decision and say that the meeting was open and the public should have been there but nobody showed up. There must be adequate notice
ADEQUATE NOTICE
The Law requires the public bodies provide the public with adequate
advance notice of all its meetings. This can be accomplished by either:
(1) an “Annual Notice” or
(2) a “48-hour notice.”
The “Annual Notice” containing the time, date, and, to the extent known,
the location of each meeting, must be provided within seven days of the
annual organization or reorganization meeting of the public body. If
there is no organization or reorganization meeting, “Annual Notice” must
be provided by January 10th.
A “48-Hour Notice” is required when a public body wishes to convene a
meeting which has not been listed on the annual notice or regularly
scheduled meetings. The Law mandates the public body to provide
written notice at least 48 hours prior to the convening of the meeting.
The “48-Hour Notice” must contain the time, date, location and, to the
extent known, the agenda of the meeting.
Both the “Annual Notice” and the “48-Hour Notice” must be
(1) prominently posted in at least one public place reserved for such announcements,
(2) Transmitted to two newspapers in time for publication 48-hours in advance of the meeting,
(3) filed with appropriate Municipal or County Clerk or the Secretary of State if the public body has statewide authority, and
(4) mailed to any person upon request.
Now that you know where the meeting will occur at what time and the agenda of that meeting; when do you get the comment on the matters being discussed? Accessibility of the public to the decision-making process is contained in the Public Meetings Act as well.
The Law requires that public bodies “permit all members of the public to attend their meetings”. However, the right to attend meetings does not entitle members of the public to participate in the meetings.
The American public is very aware of their rights under the First Amendment. So, there is an assumed entitlement to say anything at any time especially when there is disagreement or an opposing viewpoint that must, at least in their opinion, be heard.. However, there are restrictions that allow elected body to let the public in the door but they will only be “seen but not heard. A citizen has the right to observe the process and listen to the discussion on the matter to be decided. They may not, subject to the procedures of that local government, the permitted to make comments or speak to the issue. They can be prohibited from speaking under this act. The act protects your rights to attend a public meeting, but the right to speak in this context is a privilege granted by the legislative body.
It is unusual for a prohibition on speaking to occur. Whether they like it or not, any astute politician will recognize that more damage will be done by not allowing the public to speak. Typically, the agenda will set forth an appropriate time for the public to speak and the legislative body may also have procedures to control extent and manner of that public input.ere are times that elected officials can exclude the public from portions of meeting, commonly referred to as an executive or closed session. Again, this may be frustrating to the public, but the law recognizes special circumstances which not all can be either seen or heard. The door may be closed but it cannot be slammed in your face without express reason.
CONSIDER THIS BEFORE YOU SPEAK
RESPECT YOUR AUDIENCE – keep your cool and focus on the value of your point of view. The assertive but not combative. Anger closes their mind not open it. Remember that You’ve waited for your turn to speak, but they must wait for everyone to speak. Avoid beating them to death with the same point over and over. It is an opportunity granted by the legislative body to offer your opinion in a calm clear concise matter. It is not opportunity to rant or engage in performance art.
- SAY WHAT YOU GOING TO SAY start your comments, after identifying yourself,, state your position – “I am supporting…” Or “I am opposed…” I am seeking it additional information.you are speaking for yourself and do not represent any organization or group unless they have designated you speak in their behalf.
FRAME YOUR ISSUE – what are the benefits what are detriments, what will be solved or what will be the unintended consequences. Put your comments in context of who you are – parent, senior citizen, businessman
– CLOSE WITH A SUMMARY AND AN “ASK”, “for these reasons I do not support this legislation and ask that you deny it “
goal
. The Public Meetings Act states
Prior to excluding the public, the public body must first adopt a resolution at a meeting which is open to the public indicating generally what matters will be discussed in closed session and when these discussions will be disclosed to the public. The following items are permitted to be discussed in closed session.
The agenda of an executive session can include
- Any matter considered confidential by federal law, state statue, or court rule.
- Any matter in which the release of information would impair the receipt of federal funds.
- Any material which would constitute an unwarranted invasion of individual privacy if disclose
- Any collective bargaining agreements or other discussion of the terms and conditions of a collective bargaining agreement, including negotiations leading up to such an agreement.
- Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds where disclosure of such matter could adversely affect the public interest.
- Any tactics and techniques used in protecting the safety and property of the public and investigations of violations or possible violations of the law.
- Any pending or anticipated litigation or contract negotiations in which the public body is or may become a party, and any matter falling within the attorney-client privilege, to the extent that confidentiality is required to preserve the attorney-client relationship.
- Personnel matters related to the employment, appointment or termination of current or prospective employees, unless all individuals who could be adversely affected request, in writing, that the matter be discussed at a public meeting.
- Any deliberations of a public body occurring after a public hearing that may result in the imposition of a fine upon an individual or the suspension or the loss of license or permit belonging to an individual.
I begin to feel like most Americans don't understand the First Amendment, don't understand the idea of freedom of speech, and don't understand that it's the responsibility of the citizen to speak out.
Wow! That is a lot of exemptions. Upon close reading it mostly makes sense. There is a logic behind these exceptions. But what if the legislative body interprets them such matter to essentially preclude the public from all their deliberations. For example, there is a scheduled “workshop” prior to the regular meeting that always happens to have one of these matters on the agenda. Additionally, what if the discussion continues on to additional items not covered in the statute? Now enter the attorneys.
The New Jersey courts have recognized the potential for misuse of the closed session exceptions by public bodies and have, therefore, strictly construed these exceptions to further the legislative intent of providing open public meetings in most instances.
Coming to the bottom line – so as the Boy Scout said “Be Prepared”. I say “Be informed.” If you wish to delve deeper into the public of public meetings, then go to where the American civil liberties Union iHAS prepared a pamphlet on the Public Meetings Act. I would defer to their discussion of the act at this time.