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Thursday, July 26, 2012

Francis J. McGovern, Jr., v. Rutgers, the State University of New Jersey


Francis J. McGovern, Jr., v. Rutgers, the State
University of New Jersey (A-113-10; 067787)

The Board’s resolution adopted at the special meeting
satisfied N.J.S.A. 10:4-13 by advising of “the general
nature” of what was to be discussed at the closed
session. The notice of that meeting was not adequate
under N.J.S.A. 10:4-8 because it did not include the
proposed agenda for the meeting “to the extent known”
at the time the notice was prepared. OPMA does not
permit excluding the public from discussion of issues
such as policy recommendations and rule formulation.
However, OPMA affords no remedy for these violations
because the Board took no action that could be voided
and there was no showing of a pattern of noncompliance
or of a knowing violation. Finally, OPMA does not
require that a public body complete the open portion
of its meetings before going into closed session. 7-25-12