New Jersey Foundation for Open Government
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If a town council has 5 members, and 2 vote yes and 3 abstain or recuse, did the motion pass? Was there a quorum for the purposes of the vote? Is an abstention considered a yes vote, a no vote, or neither? These are common questions. Current guidance is murky, however, and calls for legislation. Read More …
The OPMA statute generally requires that votes by public bodies occur in open session. However, the below article points out that tenure charges is an exception created by a conflicting statute, the Tenure Employees Hearing Law (N.J.S.A. 18A-6-11). Paterson Times Paterson school board’s closed session vote to file tenure charges did not break open Read More …
NJFOG’s John Paff and Walter Luers are quoted in this Bergen Record article about a public body approving a settlement agreement in closed session and making no mention of it in open session. A vote to take formal action must take place at an open public meeting. – NJFOG September 11, 2013 By Karen Rouse Read More …