10:4-12 Meetings open to public; exceptions.
7. a. Except as provided by subsection b. of this section all meetings of public bodies shall be open to the public at all times. Nothing in this act shall be construed to limit the discretion of a public body to permit, prohibit, or regulate the active participation of the public at any meeting, except that a municipal governing body and a board of education shall be required to set aside a portion of every meeting of the municipal governing body or board of education, the length of the portion to be determined by the municipal governing body or board of education, for public comment on any governmental or school district issue that a member of the public feels may be of concern to the residents of the municipality or school district.
b. A public body may exclude the public only from that portion of a meeting at which the public body discusses any:
(1) matter which, by express provision of federal law, State statute, or rule of court shall be rendered confidential or excluded from the provisions of subsection a. of this section;
(2) matter in which the release of information would impair a right to receive funds from the Government of the United States;
(3) material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance, and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by an institution or program, including but not limited to, information relative to the individual's personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress, or condition of any individual, unless the individual concerned (or, in the case of a minor or an incapacitated individual, the individual's guardian) shall request in writing that the material be disclosed publicly;
(4) collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the public body;
(5) matter involving the purchase, lease, or acquisition of real property with public funds, the setting of banking rates, or investment of public funds, if it could adversely affect the public interest if discussion of the matters were disclosed;
(6) tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair that protection, or investigations of violations or possible violations of the law;
(7) pending or anticipated litigation or contract negotiation other than in subsection b. (4) herein in which the public body is, or may become, a party, or matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer;
(8) matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion, or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting; or
(9) deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.
L.1975, c.231, s.7; amended 2002, c.80; 2008, c.14; 2013, c.103, s.57.
Structure New Jersey Revised Statutes
Section 10:1-2 - Equal rights and privileges of all persons in public places
Section 10:1-4 - Written announcement of discrimination; presumption
Section 10:1-5 - Place of public accommodation, resort or amusement defined
Section 10:1-6 - Penalty and punishment
Section 10:1-7 - Jurisdiction; costs and attorney's fees
Section 10:1-9 - Discrimination due to color or sex in burial of dead, misdemeanor
Section 10:1-12 - "Employer" and "industry" defined
Section 10:2-1 - Antidiscrimination provisions.
Section 10:2-2 - Complaint of violation; decision of attorney general final
Section 10:2-3 - Rules and regulations; notice of complaint and hearing
Section 10:2-4 - Notice of decision; fixing penalty
Section 10:3-1 - Age discrimination prohibited; exceptions.
Section 10:4-6 - "Senator Byron M. Baer Open Public Meetings Act."
Section 10:4-7 - Legislative findings and declaration
Section 10:4-9 - Meeting of public body; adequate notice to public; necessity; exceptions
Section 10:4-9.1 - Electronic notice of meeting of public body; terms defined
Section 10:4-9.2 - Construction of act
Section 10:4-9.3 - Conduct of public meetings during periods of emergency.
Section 10:4-10 - Statement in minutes of meeting on adequate notice
Section 10:4-11 - Failure to invite portion of members to circumvent provisions of act; prohibition
Section 10:4-12 - Meetings open to public; exceptions.
Section 10:4-13 - Exclusion of public; resolution; adoption; contents
Section 10:4-14 - Minutes of meetings; availability to public
Section 10:4-16 - Injunctive orders or other remedies to insure compliance
Section 10:4-17 - Penalty; enforcement
Section 10:4-18 - Schedule of regular meetings of public body; publicity; revision; procedure
Section 10:4-19 - Requests for notices of meetings; annual renewal
Section 10:4-20 - Severability
Section 10:4-21 - Liberal construction
Section 10:5-2 - Police power, enactment deemed exercise of
Section 10:5-2.1 - Other laws unaffected
Section 10:5-3 - Findings, declarations.
Section 10:5-4 - Obtaining employment and privileges without discrimination; civil right.
Section 10:5-4.1 - Construction of act.
Section 10:5-5 - Definitions relative to discrimination.
Section 10:5-5.1 - Division to be known as "Division on Civil Rights"
Section 10:5-6 - Division on Civil Rights created; powers.
Section 10:5-8 - Attorney General's powers and duties.
Section 10:5-8.1 - Preparation of statement by Attorney General.
Section 10:5-8.2 - Investigation, enforcement actions, communications privileged.
Section 10:5-9.1 - Enforcement of laws against discrimination in public housing and real property.
Section 10:5-9.2 - Division on Civil Rights qualified as "certified agency."
Section 10:5-10 - Commission's powers and duties; local commissions.
Section 10:5-11 - Evidence in obedience to summons; immunity of witnesses
Section 10:5-12 - Unlawful employment practices, discrimination.
Section 10:5-12.1 - Reinstatement, back pay.
Section 10:5-12.3 - Report of admission denial
Section 10:5-12.4 - Failure to use barrier free housing standards, unlawful discrimination.
Section 10:5-12.5 - Regulation of land use, housing, unlawful discrimination.
Section 10:5-12.10 - Retaliatory actions prohibited.
Section 10:5-12.11 - Grievances, actions.
Section 10:5-12.12 - Unlawful employment practice; member of protected class.
Section 10:5-13 - Filing complaints, prosecution; jury trial; remedies; damages.
Section 10:5-14 - Investigation of complaint; Attorney General's duties.
Section 10:5-14.1 - Enforcement of act; summary proceedings; injunction.
Section 10:5-14.1a - Penalties; disposition.
Section 10:5-14.3 - Delegation of powers by Attorney General; review of findings and conclusions
Section 10:5-15 - Notice requiring respondent to answer charges; place of hearing
Section 10:5-16 - Practice, procedure, remedies.
Section 10:5-17 - Findings and conclusions of director; actions; remedies or dismissal.
Section 10:5-18 - Rules of practice; limitations
Section 10:5-19 - Enforcement of orders
Section 10:5-24 - Transcript of hearing
Section 10:5-25 - Attorney for division; compensation
Section 10:5-26 - Resisting or impeding performance of duties; violation of orders; punishment
Section 10:5-27 - Construction of act; other laws not affected; exception; other remedies.
Section 10:5-27.1 - Attorney fees.
Section 10:5-28 - Partial invalidity
Section 10:5-29.1 - Person with a disability; unlawful employment practice.
Section 10:5-29.2 - Housing accommodations.
Section 10:5-29.3 - Service, guide dog trainer; access to public facilities; responsibilities.
Section 10:5-29.4 - Right-of-way for person accompanied by or instructing a guide dog.
Section 10:5-29.6 - Rights and privileges relative to service dogs.
Section 10:5-29.7 - Definitions relative to access for certain working dogs.
Section 10:5-29.10 - Violations; fine.
Section 10:5-30 - Administration and enforcement
Section 10:5-31 - Definitions.
Section 10:5-33 - Contents of bid specs, contract provisions.
Section 10:5-34 - Affirmative action program, submission to State Treasurer; fee; approval.
Section 10:5-36 - State treasurer; enforcement; powers
Section 10:5-37 - Costs of project; inclusion of expenses furthering equal employment opportunities
Section 10:5-38 - Persons entitled to bring enforcement actions
Section 10:5-39 - Definitions.
Section 10:5-40 - Equal employment opportunities for veterans.
Section 10:5-41 - Affirmative action program for veterans; investigations.
Section 10:5-44 - Findings, declarations relative to genetic information
Section 10:5-45 - Informed consent required to obtain genetic information
Section 10:5-46 - Authorization to retain genetic information
Section 10:5-47 - Conditions for disclosure of genetic information
Section 10:5-48 - Notice to persons receiving genetic testing
Section 10:5-49 - Violations, penalties for unlawful disclosure of genetic information
Section 10:5-50 - Discrimination in housing for certain offenses; violations, fines, penalties.
Section 10:6-2 - Actions permitted under the "New Jersey Civil Rights Act."