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.
PUBLIC NOTICE: Every public body must publish its meeting schedule by Jan. 10 or within seven days of its annual organization meeting, whichever is later. A 48-hour written notice must also be given for any regular, special, adjourned or unscheduled meeting giving the time, date, location and as complete an agenda as known at time of notice. The notice must be prominently posted in a public place, usually in the municipal building, and delivered to at least two previously designated newspapers. VIOLATIONS: If you believe there has been a violation of the Open Public Meetings Act you can file a complaint with the appropriate county prosecutor or with the state Attorney General’s office. Or you can file suit against the public body in state Superior Court.
Both the annual notice and the special meeting notice must be (1) prominently posted in at least one public place reserved for such announcements; (2) transmitted to two newspapers designated as “official newspapers” of the public body; (3) filed with appropriate municipal or county clerk, or with the Secretary of State if the public body has statewide authority; and (4) mailed to “any person” who requests notice in writing and pays in advance a reasonable fee to cover the cost of providing notice. If you file a request for notice, you need to renew your request annually to ensure that you continue to receive notice. Public bodies may also post notice of their meetings on the Internet, but this is in addition to the other notice requirements.
- 1. No annual notice published at Boro Hall or in Official Newspapers
- 2. ? Filed with Clerk
R12-04
RESOLUTION DESIGNATING NEWSPAPERS
RESOLVED that the Retrospect of Collingswood, New Jersey and the Courier-Post of Cherry Hill, New Jersey and the Burlington County Times of New Jersey be and are hereby designated as the official newspapers for legal advertising of Borough business. BE IT FURTHER RESOLVED that said newspapers be and are hereby designated to receive notices of official meetings held in the Borough of Merchantville in accordance with the provisions of Chapter 231, Laws of 1975, “The Open Public Meetings Act”.
APPROVED:
ATTEST:
FRANK M. NORTH
Mayor
DENISE L. BROUSE
Borough Clerk
January 3, 2012
Public Notice:
(1571044) ($15.84)
Public Notice:
(1571044) ($15.84)
The Open Public Meetings Act requires public bodies to keep “reasonably comprehensible” minutes of their meetings and to make them available to the public for inspection and copying. The law requires public bodies to enter a statement into the minutes at the beginning of each meeting indicating that adequate notice was given and specifying how it was provided, or indicating that adequate notice was not provided and explaining the reason.
Public Meetings
New Jersey law allows sound and video recording devices in public meetings (i.e., meetings of a governmental body required to be open to the public by law), subject to reasonable restrictions, such as advance notice, that generally track those imposed in state courtrooms (above)
40:43-66.51. Meetings and hearings; application of Open Public Meetings Act; subpoenas the commission shall hold its meetings and hearings in accordance with the provisions of the “Open Public Meetings Act” (P.L.1975, c. 231; C. 10:4-6 et seq.), and shall generally provide for the widest possible public information and discussion with regard to the purposes and progress of its work. The commission shall have the power to take testimony and issue subpoenas; to compel the attendance of officers and employees of the participating municipalities; to compel the production of all books, documents and other papers of the participating municipalities; and, to administer oaths to persons appearing before it to testify. Any such subpoenas shall be enforceable, and misconduct of a witness may be dealt with, in the manner provided by the “County and Municipal Investigations Law” (P.L.1953, c. 38; C. 2A:67A-1 et seq.).
40:43-66.41. Question of forming consolidation commission submitted to voters; alternative methods
a. If, within one year after the date on which the first ordinance or resolution, pursuant to section 5 of P.L.1977, c.435 (C.40:43-66.39), or the first petition, pursuant to section 6 of P.L.1977, c.435 (C.40:43-66.40), is filed with the clerk of the county, either an ordinance or a resolution or a certified petition is transmitted to the county clerk by each of the other municipalities named in the first such ordinance or a resolution or petition, then one of the following shall occur:
(1) The question of forming a consolidation commission shall be submitted to the voters of each of the municipalities named in such ordinances or resolutions or petitions in the following form:
“Shall a joint municipal consolidation study commission be formed to study the feasibility of consolidating (insert the names of each of the municipalities named in such ordinances or resolutions or petitions) into a single new municipality, to study the question of the form of government under which such new municipality should be governed, to study the feasibility of consolidating the local school districts of the aforesaid municipalities, and to make recommendations thereon; or, in the alternative, to make recommendations on the consolidation of certain municipal services?”
The question shall be submitted to the voters of each municipality so named in the ordinances or resolutions or petitions on the date for the next general election or on the date for the next regular municipal election, whichever shall first occur at least 60 days after the date of the filing with the county clerk of the final ordinance or resolution or petition necessary to require the submission of the question to the voters. The public question submitted to the voters shall be deemed adopted, and a consolidation commission formed, if a majority of the votes cast on the question in each of the municipalities in which the question is submitted shall be in the affirmative; or
(2) An ordinance or resolution expressly creating a consolidation commission shall be adopted by each of the municipalities named in such ordinances or resolutions or petitions. The ordinance or resolution shall state that the governing body will not be submitting the question of forming a consolidation commission to the voters of that municipality by referendum. The ordinance or resolution shall state that the governing body is seeking the formation of a consolidation commission pursuant to P.L.1977, c.435 (C.40:43-66.35 et seq.), and shall name the participating municipalities for which a consolidation commission is proposed. Upon adoption of the ordinance or resolution, the clerk of each participating municipality adopting the ordinance or resolution shall forthwith transmit a certified copy thereof to the municipal clerk of each of the other participating municipalities named in the ordinance or resolution, to the clerk of the county in which each participating municipality is located, and to the Commissioner of Community Affairs.
The ordinance or resolution forming a consolidation commission shall be deemed adopted, and a consolidation commission formed, if each participating municipality adopts an ordinance or resolution agreeing to participate in a consolidation commission pursuant to this subsection; or
(3) One or more of the municipalities named in such ordinances or resolutions or petitions shall submit the question of forming a consolidation commission to the voters pursuant to paragraph (1) of this subsection, and one or more of those municipalities shall adopt an ordinance or resolution expressly creating a consolidation commission pursuant to paragraph (2) of this subsection, in any combination, provided that each of the participating municipalities adopts the formation of a consolidation commission.
b. Nothing herein contained shall be construed to prevent the submission of the question of forming a consolidation commission to the voters of the municipalities pursuant to paragraph (1) of subsection a. of this section, or the forming of a consolidation commission by ordinance or resolution pursuant to paragraph (2) of subsection a. of this section, named in any combination of such ordinances or resolutions pursuant to section 5 of P.L.1977, c. 435 (C.40:43-66.39) and petitions pursuant to section 6 of P.L.1977, c.435 (C.40:43-66.40), provided that such ordinances or resolutions and petitions are substantively similar.
40:43-66.42. Election of members of consolidation commission
a. Members of a consolidation commission formed pursuant to paragraph (1) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be elected by the qualified voters at the same time as the public question is submitted. Duly nominated candidates for the office of commission member shall be placed upon the ballot containing the public question in the same manner as is provided by law for candidates nominated by petition for other elective offices of a single municipality, except that they shall be listed without any designation or slogan. Each voter shall be instructed to vote on the question and, regardless of the manner of the voter’s vote on the question, to vote for the elected members of a commission.
The five candidates for commission member receiving the greatest number of votes shall be elected and shall constitute the commission members from the participating municipality in which they reside, provided that if a majority of those voting on the public question in any of the municipalities in which the question was submitted shall have voted against the formation of a commission, none of the candidates in any of the municipalities shall be elected. In the instance that the vote for commission members results in six or more candidates in any one participating municipality receiving sufficient votes to be elected, then those candidates receiving the least and equal number of votes shall draw lots to determine which shall be elected.
b. Members of a consolidation commission formed pursuant to paragraph (2) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be appointed by the governing body of the participating municipality.
Five members shall be appointed to the consolidation commission by the governing body of the participating municipality. The governing body shall appoint not more than one individual who holds a paid or volunteer position with the appointing municipality. Each member, except a member holding a paid or volunteer position with the appointing municipality, shall be a resident of the appointing municipality.
40:43-66.43. Qualifications of candidates of consolidation commission
a. The candidates from each participating municipality for a consolidation commission formed pursuant to paragraph (1) of subsection a. of section 7 of P.L.1977, c.435 (C.40:43-66.41) shall be registered voters of that municipality. They may be nominated by petitions signed by the registered and qualified voters of the municipality in a number at least equal to one percent of the total votes cast in the municipality at the last preceding general election at which members of the General Assembly were elected, or by 25 registered and qualified voters of the municipality, whichever is less, and filed with the municipal clerk not less than 40 days prior to the date of the election.
b. Each nominating petition shall set forth the names, places of residence, and post-office addresses of the person or persons therein nominated, and a statement that the nomination is for the office of commission member and that the petitioners are registered voters of the municipality. Every voter signing a nominating petition shall, in addition to the
voter’s signature, give the voter’s place of residence, post-office address and street number, if any.
c. Before being filed with the municipal clerk, each nominating petition shall have fixed or appended thereto, or, if the same person or persons are named in more than one petition, fixed or appended to one of such petitions, a written acceptance of such nomination signed by the person or persons nominated therein. Such acceptance shall certify that the nominee is
Page 6
a registered voter of the municipality, that the nominee consents to stand as a candidate at the election and that, if elected, the nominee agrees to take office and serve.
d. Each nominating petition shall be verified by an oath or affirmation of one or more of the signers thereof, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the petition was signed by each of the signers thereof in each signer’s proper handwriting, that the signers are, to the best knowledge and belief of the affiant, registered voters of the municipality, and that the petition is prepared and filed in good faith for the sole purpose of endorsing the person or persons named therein for election as stated in the petition.
e. If any nominating petition, or any oath, affirmation or written statement attached thereto, is defective, the person designated in the petition for such purpose may cause such petition or oath, affirmation or written statement to be amended in the manner prescribed for the amendment of defective petitions for nominating candidates for general elections in R.S.19:13-13.
40:43-66.45. Membership of joint municipal consolidation study commission
The membership of a joint municipal consolidation study commission formed pursuant to the provisions of P.L.1977, c.435 (C.40:43-66.35 et seq.) shall consist of five members from each participating municipality.
40:43-66.46. Certification of election results
The results of the election in each municipality in which the question was submitted shall be certified in accordance with Title 19 of the Revised Statutes, and the county clerk shall, in turn, not more than 5 days after said certification, notify the Commissioner of Community Affairs of said election results.
- R10-103 Municipal Consolidation Study Commission
- The ordinance or resolution shall state that the governing body will not be submitting the question of forming a consolidation commission to the voters of that municipality by referendum.
- R11-39 Rescind Municipal Consolidation Study Commission Resolution
- R11-83 Merchantville – MCF Resolution – 6-13-11
R11-108 Rescind Municipal Consolidation Resolution
Princeton – Reed noted that the referendum was held under a faster, more flexible procedure authorized by the Legislature a couple of sessions ago. “There was much greater involvement than before by the two governing bodies,” he said. “We had an excellent study commission that involved four elected officials — the two mayors, a borough council member and a township committee member — as well as motivated citizen representatives who were selected to represent a range of opinion.
RESOLUTEON 2010-R345 OF THE MAYOR AND COUNCIL OF
The following is an accurate statement concerning the providing of notice of this meeting and said statement shall be entered in the minutes of this meeting. Notice of this meeting as required by sections 4a, 3d, 13 and 14 of the Open Public Meetings Act has been provided to the public in the form of the written notice attached hereto. On July 30, 2010 at 10:00 a.m., said notice was posted in the official bulletin
board, transmitted to the Princeton Packet, the Trenton Times, the Town Topics, filed with the Township Clerk and posted on the Princeton Borough and Princeton Township websites.
http://www.cgr.org/princeton/meetings.aspx
Mayor Trotman announced the adoption of a unanimous joint resolution of Borough and Township approved on October 26, 2009, authorizing the three next steps toward consolidation study: (1) Township meeting to define their issues and concerns—held November 9, 2009; (2) Borough also to meet—today, November 10, 2009; (3) another joint meeting for further public input—to be held November 23, 2009. At the conclusion of the three preparatory sessions and DCA approval, each Mayor will appoint members to a consolidation study commission (CSC).
http://www.princetonboro.org/polImage.cfm?doc_Id=724&size_code=Doc
http://www.princetonboro.org/polImage.cfm?doc_Id=724&size_code=Doc
Princeton Borough and Township resolution R300 DCA
http://archives.cherryhill-nj.com/clerk/DocView.aspx?id=1201122&searchid=dec62213-a51f-4596-9027-81da804a8abc&dbid=0
