Year: 2012

Should New Jersey Municipalities Amend Open Meeting Rules to Reflect New Technology?

While new technology like e-mail and social media makes it easier for government officials to communicate with colleagues, it can also lead to inadvertent violations of the New Jersey’s Open Public Meetings Act (OPMA). As a result, many municipalities are amending their public meeting rules to specifically address electronic communications.

Update: Court Rules Rutgers Open Meeting Law Violations Not Actionable

The New Jersey Supreme Court recently ruled that violations of the state’s Open Public Meetings Act (OPMA) by Rutgers University are not actionable. While the court acknowledged that the university’s Board of Governors did not fully comply with the letter of the law, it held that the minor violations did

New Jersey Supreme Court Clarifies Liability of Rescue Squads

The New Jersey Supreme Court continues to shed light on the liability of New Jersey municipalities when it comes to their rescue squards. In a recent decision, the state’s highest court held that rescue squads that provide intermediate and basic life support services are not immune from suit, even though

New Jersey Municipalities Must Be Given Due Process Before COAH Funds Are Seized

A New Jersey appeals court has ruled that Gov. Chris Christie can seize unused affordable housing trust funds from New Jersey municipalities. However, municipalities must be given adequate notice as well as an opportunity to contest the transfer. Under current New Jersey affordable housing law, municipalities must spend money from

New Jersey Supreme Court Rules OPRA Has Limits

The New Jersey Supreme Court recently clarified that the state’s Open Public Records Act (OPRA) does have its limits. The Court addressed whether certain records related to the Rutgers Environmental Law Clinic’s representation of its clients should be fair game under OPRA. The lawsuit, Sussex Commons Associates v. Rutgers, arose

Public Entities Immune from Vicarious Liability in 9-1-1 Operations

Earlier this week, we told you about Wilson v. City of Jersey City, in which the Appellate Division (on remand from the Supreme Court) held that the conduct of Jersey City’s 9-1-1 operators was not “wanton and willful” and thus they were entitled to immunity pursuant Title 52, N.J.S.A. 52:17C-10.

New Jersey Governor and Legislature Authorize Public Entities To Use Solar Energy Generation to Offset Overall Electric Bills

Legislation approved by the New Jersey Legislature on June 25, 2012 and expected to be signed by Governor Christie has removed what had been a major obstacle to the widespread installation of solar energy facilities by municipalities, school districts and other public entities. Until now, if a public entity wanted