OCEAN CITY – Some local residents who would like the opportunity to video-record Planning Board meetings met resistance when they tested the waters on Wednesday, Feb. 5, but they ultimately found out that such recording is permitted, subject to reasonable rules.
Marianne Brewer said she and a friend, who had a camera and tripod, were told by Jaime Felker, the Planning Board secretary, in advance of the meeting that video-recording wasn’t allowed. Brewer said she had spoken to Felker previously to advise her of their intentions to videotape the meeting.
The city has been video-recording its City Council meetings since around 2000. The city audio-records the Planning Board meetings, but no video is available.
Believing she had the right to tape under the Open Public Meetings Act, she and her friend, she said, arrived at the meeting room in City Hall at 5:45 p.m. Feb. 5. Her friend had a camera and a tripod.
According to Brewer, as her friend was getting out his equipment, Felker said, “Are you setting up a tripod? You cannot do that.”
She said the secretary said the board’s solicitor would address them about the matter, but they responded that they had the right to video-record the meeting under the OPMA. Brewer said board Chairman John Loper said he was aware of the matter and that it would be referred to city Solicitor Dottie McCrosson for her opinion.
A synopsis of the Open Public Meetings Act provided by the state Division of Local Government Services says the act does not specifically address the right to video- or audio-record public meetings. However, the New Jersey Supreme Court has ruled that members of the public have a common law right to videotape public meetings “subject to reasonable restrictions.”
Brewer said when she called to inform the board of her intention to record the meeting, she mentioned that the Ocean City Council records all of its meetings.
City Council meetings have been recorded since around 2000. The practice was credited to the late John “Jack” Bryson, who started bringing a video camera to the meetings. Bryson’s actions reportedly started a discussion that led to the city’s hiring of a professional videographer to record the meetings.
At the Feb. 5 Planning Board meeting, Brewer said her friend was not prevented from setting up his camera, and board solicitor Gary Griffith spoke to the matter before the end of the meeting. Griffith’s comments were barely audible in the Planning Board’s recording, but he provided the Herald with his recollection of what he said in the meeting.
“In my opinion and judgment, the public does have a right to videotape OCPB proceedings,” Griffith said, echoing the state Supreme Court about reasonable restrictions.
He reminded the public that the City Council is the legislative arm of the city and as such could adopt any ordinance regulating videotaping of meetings held by city agencies. He said only the City Council has the authority to adopt legislation.
“The OCPB has no power with this regard,” he said.
Griffith said he would be reaching out to the city solicitor to discuss the matter. He said there were some matters that should be addressed in possible legislation, including public safety.
Brewer said she asked if she could make a comment before the end of the meeting and was told she was not allowed to comment.
Brewer attended the City Council meeting the next day and asked the governing body to hold the planning and zoning boards to the same standards as the City Council. She told the governing body that with audio-only, a listener cannot tell who is speaking, and the audio quality was poor, adding that the constant sound of shuffling papers made it difficult to hear.
City Solicitor Dorothy McCrosson said that under the Open Public Meetings Act, the public has full rights to record meetings, adding that the Supreme Court granted that such recording is subject to reasonable rules.
McCrosson said the board had such short notice of the intention to video-record the Planning Board meeting that there was no time for rules to be put into effect. She said, given some time, policies would be adjusted.
Contact the reporter, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext. 128.
