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Thursday, March 17, 2011

FRANCIS J. McGOVERN, JR., ESQ v. RUTGERS, ET AL. A-2531-09T1

FRANCIS J. McGOVERN, JR., ESQ v. RUTGERS, ET AL. A-2531-09T1

Construing the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, we conclude: 1) a public body violates the requirements of the Act by routinely scheduling a five-minute public session, followed by a closed session of indeterminate duration, followed by another public session; 2) the Rutgers Board of Governors is not a "board of education" within the meaning of N.J.S.A. 10:4-12(a), and is therefore not required to set aside a portion of its meetings for publiccomment; and 3) the notice issued to advise the public of an upcoming special meeting contained an insufficient description of the matters that were expected to be discussed in closed session. 2-18-11