New Jersey Foundation for Open Government
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In an unpublished opinion issued on 11/14/2017, an Appellate Court ruled that the State Local Finance Board (LFB) must have a quorum of two thirds of its members to act. The ruling concerned the LFB’s vote, when only half of its members were present, to overturn the decision of a local ethics board. NJ Read More …
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 …
An Appellate Court has ruled that the lack of appointees to the Election Law Enforcement Commission (ELEC) doesn’t limit the agency’s statutory authority to enforce the state’s campaign finance laws. In a published decision, the 3-judge Appellate Division panel overturned a ruling by an Administrative Law Judge who said that an ELEC investigation could not Read More …
“Municipal updates” are given at political party meetings that may include all seven members of the Princeton Municipal Council. Questions have been raised as to whether or not these “political caucus” meetings run afoul of the Open Public Meetings Act (OPMA). Political caucus meetings are allowed by the OPMA, which also doesn’t clearly define one, Read More …
The Flemington Council president feels that a one-party quorum may exclude the public and other council members from a meeting to discuss “the political fallout” of an upcoming council vote. The likely OPMA violation has been referred to the county prosecutor, and the mayor vetoed the council’s action in case the caucus meeting is found Read More …