Open Public Meetings in New Jersey: History and Current Issues

Abstract

The New Jersey Open Public Meetings Act, passed in 1975, is the foremost law promoting transparent practices with regard to meetings in the State of New Jersey. Also called the Sunshine Law, it was passed during the administration of Governor Brendan T. Byrne, in line with his “Government Under Glass” initiative. Within this case study, a history is presented of open meetings in New Jersey. The New Jersey State legislature is currently considering revising the Sunshine Law. With this in mind, an assessment of current open meetings practices within the State and a list of areas to possibly revise are offered. While the spirit of the current law promotes open government, revision is necessary to adapt it to current information technology, to promote uniform application in all jurisdictions, and to eliminate gray areas and ambiguities. However, a new law is not enough. It is imperative to train public employees and elected officials concerning their obligations under the Sunshine Law. Key areas that need to be considered when revising the current Sunshine Law are: meeting minutes, closed sessions, notices and agendas, public comment provisions, the video and audio recording of meetings, electronic meetings regulations, and the recovery of attorney fees after successful litigation. A change in the Sunshine Law is a good first step, but there needs to be a series of initiatives to open up public meetings in State. Three such steps are the training and education of elected officials and public employees on public meeting requirements, a plain-language guide to the Sunshine Law, and the consideration of some model of open meetings oversight.