The West Windsor Township Council voted to adopt a law regulating its own E-mail use. The issue of whether members were in violation of New Jersey’s Open Public Meetings Act has found its way into numerous council discussions in recent months, prompting all five members to vote in favor of creating a set of guidelines for electronic communication.##M:[more]##
The Open Public Meetings act, known as the Sunshine Law, states that all meetings of a municipal body must be open to the public, and must be adequately noticed. It allows for certain issues to be discussed in private executive sessions, but prohibits discussion or action by a majority of the governing body concerning any issue if the public is not given the right to attend.
The West Windsor Council has repeatedly discussed whether an E-mail discussion sent to two or more members of council constitutes an unnoticed meeting, since a majority of the five-member board would be engaged in a discussion of policy. The law does not contain language pertaining to electronic communication or letters sent by post. On January 8 Councilman Will Anklowitz said that constitutes a “gray area.”
Township Attorney Michael J. Herbert is working with Township Clerk Sharon Young and the State League of Municipalities to create a policy intended to clear up the “gray area.” He said he will write a set of guidelines, taking into account state statute and the differing views of current council members. He said it is unlikely to be adopted as an ordinance or a resolution, but will rather be included into the township’s procedural guidelines.
In the past, members of council including Charles Morgan and Franc Gambatese have said they believe conducting E-mail conversations on the subject of issues due to come before council consists of a violation of the Sunshine Law. At one December council meeting, Gambatese publicly announced that he would like to be excluded from all e-mail correspondence from other council members.
