Are Remote Government Meetings Still Allowed?

Governor Phil Murphy of New Jersey reinstated the public health emergency on January 11, 2022. When he did so, certain provisions of the New Jersey Administrative Code appear to be triggered allowing for remote (Zoom) public meetings, but only in limited circumstances. New Jersey Administrative Code Section 5:39-1.3 permits a local public body to hold a remote public meeting to conduct public business during a declared emergency if the emergency reasonably prevents a local public body from safely conducting public business at a physical location with members of the public present.

The regulations also contemplate moving to a remote location if a local governing body, including school boards, cannot meet "safely", thus the spirit of the regulation appears to be to move the meeting to a larger location first without going remote. Some schools are lucky, with large auditoriums and smaller audiences present, most of the seats go empty. Thus, in person meetings still appear to dominate the local school board scene especially as the latest Covid numbers are declining.

New Jersey Administrative Code Section 5:39-1.3(h) requires a town council or a school board adopt a new policy to allow the taking of comments remotely "[s]ubject to subsections (e) and (f), the local public body shall adopt by resolution standard procedures and requirements for public comment made during a remote public meeting as well as for public comments submitted in writing ahead of the remote public meeting. Such procedures and requirements shall include standards of conduct to be followed by members of the public when making comment." It appears these policies must be adopted before a remote meeting can take place.

Most experts believe the governing body should default to the in-person meeting format, and to consider the remote option, if necessary, only in consultation with a local health department. After all, this is the United States of America, and in person interaction with elected officials has been a guide star for our governments, especially legislative and judicial branches.

Is your local town council or board of education meeting in person?

This is an article in my personal capacity and not on behalf of any board of education.