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
