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State Updates Virtual Public Meeting Rules

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By Vince Conti

TRENTON – The New Jersey Department of Community Affairs is promulgating updated regulations for remote public meetings that are governed by the requirements of the state’s Open Public Meeting Act and related laws.  

The new emergency regulations are in effect and are expected to be proposed for permanent adoption in the Oct. 19 New Jersey Register. 

When the pandemic forced local governments and related organizations to resort to virtual meetings, the state issued guidance, in March, attempting to help keep those virtual meetings consistent with state law. The new regulations are updates to the existing guidance. 

The public can expect: 

  • Electronic, “no-cost” access to the public meeting. 

  • The platform selected to facilitate the remote meeting must have the capacity for the normal public turnout at similar meetings. That capacity must be able to accommodate at least 50 individuals in addition to officials participating in the meeting.  

  • The platform used may be audio-only, audio plus video, or live stream. 

  • A telephone conference line capability must also be provided. 

  • If sworn testimony is taken as part of the meeting, video capability must be provided. 

  • If the meeting is held in person, as well as virtually, public attendance at the in-person meeting must be allowed. 

  • Presentations or documents visible to the public at an in-person meeting must be available to the public on an official website. 

  • The public has a right to submit comments in advance of a meeting within a reasonable amount of time before the meeting.  

  • The public entity holding the meeting should adopt, by resolution, standard procedures, and requirements for public comment. 

County municipalities established remote meeting practices that adhere to many of these requirements. These practices may have to be tweaked to comply with all of them.  

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