RESOLUTION OF THE BOROUGH OF HARVEY CEDARS, COUNTY OF OCEAN, STATE OF NEW JERSEY
IN OPPOSITION OF BILL S-1219
REVISING THE OPEN PUBLIC MEETINGS ACT
WHEREAS Senator Robert Martin has sponsored Senate Bill 1219
concerning certain amendments to the Open Public Records Act (OPRA) and Open
Public Meetings Act (OPMA); and
WHEREAS the Governing Body of the Borough of Harvey Cedars
strongly supports the principles and need for openness and transparency of
government and public access to governmental records; and
WHEREAS the Governing Body of the Borough of Harvey Cedars also
strongly supports efficiency of government and the need to reduce the risk,
costs and expenses of litigation; and
WHEREAS Senate Bill 1219 imposes unreasonable fines and penalties for any violation of the Open Public Meetings Act (OPMA), and further imposes requirements of
1. the recording of executive sessions,
2. promoting overly long meetings,
3. removes appropriate discretion from government officials including the management of meetings,
4. imposes additional burdens of requirements upon sub-committee meetings,
5. provides for the awarding of attorney fees only to a successful plaintiff but not to a public body if found not to have violated the law,
6. requires that minutes be available within five (5) business days thereby creating undo hardship upon the office of the municipal clerk,
7. requires local government to establish an internet site at the Municipal Building; and
WHEREAS Senate Bill 1219 continues the unfair exemption provided
to the legislative branch of State government by exempting the State government
from the same requirement that Senate Bill 1219 would oppose on municipalities,
counties, school districts, and authorities.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Harvey Cedars, County of Ocean and State of New Jersey as follows:
1. That the Governing Body does hereby oppose the adoption of Senate Bill 1219 for the reasons set forth above.
2. That certified copies of this Resolution be forwarded to
a. Governor Jon Corzine
b. New Jersey State Legislature
c. Ocean County Municipalities
d. New Jersey State League of Municipalities
PASSED ON: April 7, 2006