Chapter 3 - Secretary To The Governing Body

Question 1

What is a ‘Meeting’?

Answer 1

​”Meeting” means and includes any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body.
(3-3)

Question 2

What is ‘Public Business’?

Answer 2

​”Public business” means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body’s functions or the conduct of its business.
(3-4)

Question 3

What is ‘Adequate Notice’?

Answer 3

“Adequate notice” means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body and (3) filed with the clerk of the municipality when the public body’s geographic boundaries are coextensive with that of a single municipality, with the clerk of the county when the public body’s geographic boundaries are coextensive with that of a single county, and with the Secretary of State if the public body has Statewide jurisdiction. For any other public body the filing shall be with the clerk or chief administrative officer of such other public body and each municipal or county clerk of each municipality or county encompassed within the jurisdiction of such public body. Where annual notice or revisions thereof in compliance with section 13 of this act set forth the location of any meeting, no further notice shall be required for such meeting.

(3-4)

Question 4

What is a ‘public body’?

Answer 4

​A “Public body” means a commission, authority, independent authority, board, council, committee, school district, or any other group of two or more persons organized under the laws of this State, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds including the Legislature

(3-4)

Question 5

What is an official newspaper?

Answer 5

Official newspaper means paid, published and circulated in the municipality. (If there is no such newspaper, then at least one published in the county in which the municipality is located and the newspaper is published.

(3-4)

Question 6

What is ‘annual notice’?

Answer 6

Annual notice occurs once a year with seven days of reorganization meeting (or no later than January 10th in years where the governing body has no reorganization meeting).

The annual notice requires that governing body adopts, posts and distributes a schedule of regular meetings for the coming year.

It must be mailed, telephoned, or hand-delivered to at least two official newspapers designated by the governing body.

Annual notice should also include language that ‘official action may be taken’.

(3-4)

Question 7

What three things must an annual notice contain?

Answer 7

An annual notice must contain dates, times and location(s) of the meetings.

(3-5)

Question 8

What is required if meeting schedule is revised subsequent to annual notice?

Answer 8

The revised schedule must be be mailed, telephoned, or hand-delivered to at least two official newspapers designated by the governing body.

(3-5)

Question 9

What is “48 Hour Notice”?

Answer 9

48 Hour Notice is the required notice for special meetings. Notice must be prominently posted where notices are generally posted.

(3-5)

Question 10

What four things must a 48 Hour notice contain?

Answer 10

48 hour notices must contain dates, times and location(s) of the meetings. It must also state the purpose of the meeting.

(3-5)

Question 11

True or False:

ALL meetings of public bodies must be open to the public with public comment allowed?

Answer 11

True.

ALL meetings of public bodies must be open to the public with public comment allowed!

(3-4)

Question 12

What are the advertising deadlines for Annual Notice and the 48 hour notice?

Answer 12

There are none. There is no requirement that Annual notice be published in order to comply with the Open Public Meetings Act but must be transmitted to the newspapers.

(3-5)

Question 13

Where in the law would you find the Open Public Meetings Act?

Answer 13

The Open Meetings Act can found in N.J.S.A. Title 10, Chapter 4, Section 6.

(3-3)

Question 14

Does the State Legislature constitute a public body?

Answer 14

Yes, the state legislature is a public body.

3-3

Question 15

Does a grand jury constitute a public body?

Answer 15

No, grand (and petit) juries, all parole boards and agencies, state Commission on Investigation, the Apportionment Comission, any political party committee and the judicial branch of government are exempt from the Open Public Meetings Act

(3-3, cited in N.J.S.A. Title 10, Chapter 4, Section 8)

Question 16

True or False:

All minutes must be made available to the public.

Answer 16

True.

All minutes must be made available to the public.

(3-8)

Question 17

What is a “quorum”?

Answer 17

A quorum is a majority of the full membership of the governing body.

(3-13)

Question 18

When may agendas be withheld from the public?

Answer 18

Never. Agendas must be made available to the public.

3-13

Question 19

What are the exemptions to the Open Public Meetings Act that allow for closed sessions?

Answer 19

The following are exemptions to the Open Public Meetings Act that allow for closed sessions:

1. Any matter rendered confidential by federal or state statute as well the rule of a court.
2. Any matter which if publicly released would impair a right to receive funds from the federal government.
3. Materials that would constitute an unwanted invasion of privacy such as educational training or health background.
4. Matters relating to proposed collective bargaining.
5. Matters relating municipal investments that would be adversely affected by disclosure.
6. Matters of public safety.
7. Pending litigation, matters of attorney-client privledge.
8. Personnel issues.
9. Deliberations that may lead to a civil penalty.

(3-7)

Question 20

What’s a Rice Notice?

Answer 20

Upon such time that a situation arises in which governing body needs to discuss an employee’s employment a Rice Notice must be issued to said employee.

The Rice Notice affords the employee the ability to request their info to be discussed publicly.

(3-8)

Question 21

What has been established adequate notice for a Rice Notice?

Answer 21

Adequate notice for a Rice Notice is at least 48 Hours prior to the anticipated closed session.

(3-8)

Question 22

When do violations of the Open Public Meeting Act become valid.

Answer 22

Any action taken by a public body at a meeting which does not conform with the provisions of the Open Public Meetings Act is voidable in a proceeding in lieu of prerogative writ in the Superior Court, which may be brought by any person within 45 days after the action sought to be voided has been made public. If after 45 days, even if previously they had been voidable, the meeting becomes valid.

(3-8)

Question 23

When are rules of order set for the governing body?

Answer 23

Rules of Order are set at the reorganization meeting.

3-17

Question 24

Give examples of rules of order.

Answer 24

Robert’s Rules of Order and Cushing’s Manual are samples of different books on rules which can be used as rules of order.

(3-21)

Question 25

Draft a mock agenda.

Answer 25

The following are items found on agenda:

Sunshine Statement
Roll Call
Pledge of Allegiance
Approval of Minutes
Presentations
Proclamations
Ordinances,
Resolutions
Approval of Bill List
Unfinished Business
New Business
Public Comment
Adjournment

(3-14)

Question 26

What is a Consent Agenda?

Answer 26

A consent agenda allows for rapid, effective action on routine, non-controversial and do not require individualized discussion.

(3-15)

Question 27

Provide examples of items that can be on a consent agenda.

Answer 27

Examples of items found on a consent agenda:

Approval of Routine Licenses
Approval of previously circulated minutes
Approval of routine financial matters
Award of contracts
Routine Resolutions of congratulations
Receipt and Filing of routine monthly reports.

(3-15)

Question 28

What is the procedure when discussion is requested on a consent agenda item?

Answer 28

If any discussion is requested on a consent agenda item, it is removed from the consent agenda to the regular agenda

(3-16)

Question 29

True or False:

Bills are authorized for payment by an approval of an ordinance by a majority vote of the full membership of the governing body.

Answer 29

False.

Bills are authorized for payment by an approval of a RESOLUTION by a majority vote of the full membership of the governing body.

(3-16)

Question 30

A _________________ is required before approving a bill list because over expenditures of a municipal appropriation is _______________

Answer 30

A Certification of Available Funds is required before approving a bill list because over expenditures of a municipal appropriation is indictable offense.

(3-16)

Question 31

If a municipality’s fiscal year begins January 1, when must the reorganization meeting be held?

Answer 31

If a municipality’s fiscal year begins January 1, the reorganizational meeting must held during the 1st seven days of the calendar year.

(3-17)

Question 32

If a municipality’s fiscal year begins July 1 (non-partisan with a May election), when must the reorganization meeting be held?

Answer 32

If a municipality’s fiscal year begins July 1 (non-partisan with a May election), the reorganization meeting be held on July 1.

(3-17)

Question 33

If the Mayor/Presiding Officer is selected annually or the Mayor was elected the preceding November election, who presides over the reorganization meeting until the newest head of the governing body is sworn in?

Answer 33

The Municipal Clerk presides over the Reorganization meeting until a new presiding officer is selected/sworn-in and then relinquishes the chair.

(3-17)

Question 34

True or False:

The Open Public Meeting Act requires public meetings of the Governing Body be electronically recorded.

Answer 34

False!

There is no legal requirement that public meetings be recorded.

(3-25)

Question 35

Electronic recordings of meetings of the Governing Body are subject to Public records retention for how long?

Answer 35

Electronic recordings of meetings of the Governing Body are subject to Public records retention for 80 days after approval of the minutes.

Question 36

What must occur prior to the results of a vote becoming official.

Answer 36

Prior to the results of a vote becoming official the results must become official.

(3-22)

Question 37

What are the effects of a tie vote?

Answer 37

A tie vote defeats the motion except to confirm action already taken (i.e. sustain the Chair).

Question 38

True or False:

Members are permitted to change their votes.

Answer 38

True!

Members may change their vote at anytime until the result is announced. However, a member may never change their vote if the vote is by ballot.

(3-23)

Question 39

True or False:

On a voice vote, the presiding officer votes first.

Answer 39

False!

On a voice vote, the roll is called in alphabetical order with the exception of the presiding officer who is called last.

(3-22)

Question 40

A member explaining their vote during the vote constitutes ___________.

Answer 40

A member explaining their vote during the vote constitutes debate and as such is not permitted.

(3-23)

Question 41

Name five types of voting

Answer 41

The five types of voting are:

Voice vote
Roll call vote
standing vote/show of hands
ballot vote
rule of consent (general consensus)

Question 42

Rank motions.

Answer 42

Motions are ranked as follows:

Privileged
Main
Subsiduary
Incidental
Special.

(3-21)

Question 43

True or False:

Minutes are defined as a record of what was said at public meetings.

Answer 43

False!

Minutes are defined as a record of what was done.

(3-20.1)

Question 44

A systematic arrangement of a municipality’s adopted ordinances is called _________________.

Answer 44

A systematic arrangement of a municipality’s adopted ordinances is called codification.

(3-20)

Question 45

True or False;

In order to give adequate notice of a special meeting, the public notice must provide among other items, a statement of the agenda to the extent known.

Answer 45

True

Question 46

True or False:

Minutes of executive Sessions are not required under OPMA.

Answer 46

False

Question 47

Routine Items of business which do not require discussion may be included for action on the ___________________ agenda.

Answer 47

Consent

Question 48

True or False:

No official action may be taken by a Governing Body while meeting in closed executive session.

Answer 48

True

Question 49

True or False:

It is acceptable for a member of a Governing Body to be “present” for a meeting through use of communication equipment and still be in compliance with the attendance requirements of OPMA for purposes of establishing a quorum.

Answer 49

True

Question 50

True or False:

Tenured Clerks need to obtain only half the CEUs for recertification compared to non-tenured Clerks.

Answer 50

False.

Question 51

True or False:

Obtaining CEUs in Information Technology is optional for RMC recertification.

Answer 51

True

Question 52

True or False:

Ethics is a category for continuing education toward RMC recerification

Answer 52

True

Question 53

True or False:

If a person holding an RMC fails to renew by the expiration date of thier certification, they may still apply for renewal of the RMC designation within one year of the date thier RMC lapsed.

Answer 53

False.

Question 54

What core duty does Custodian of the Municipal Seal fall under?

Answer 54

Secretary of the Municipal Corporation.

Question 55

What core duty does keeping an official record of the proceedings of every meeting fall under?

Answer 55

Secretary to the Governing Body

Question 56

What core duty does maintaing custody of all records not otherwise handled by others fall under?

Answer 56

Administrative Officer

Question 57

What core duty does issuing Assessment Search certificates fall under?

Answer 57

Administrative Officer