A5410

An Act allowing certain individuals, including those serving on active duty, or fulfilling reserve obligations, to participate remotely in certain governmental meetings and supplementing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, the governing body of a municipality may, by resolution, authorize a governing body member who is serving on active duty, or fulfilling reserve obligations, in a branch of the Armed Forces of the United States to participate remotely in meetings of that governing body.

b. A governing body member who is serving on active duty, or fulfilling reserve obligations, who participates remotely in a governing body meeting shall be included in establishing a quorum for that governing body meeting.

c. (1) The Division of Local Government Services in the Department of Community Affairs may, at the division’s discretion, develop guidelines for use by, and provide advice to, municipal governing bodies that choose to allow a governing body member serving on active duty, or fulfilling reserve obligations, to participate remotely in governing body meetings. The Department of Community Affairs shall publish any guidelines developed pursuant to this subsection on the department’s Internet website.

(2) The Division of Local Government Services in the Department of Community Affairs shall, at the request of an appropriate municipal governing body, provide guidance and advice to the municipal governing body regarding the remote participation in governing body meetings of a governing body member serving on active duty, or fulfilling reserve obligations.

d. As used in this section, "active duty" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 or 1211, or fulfilling reserve obligations.

2. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, a board of county commissioners may, by resolution, authorize a county commissioner who is serving on active duty, or fulfilling reserve obligations, in a branch of the Armed Forces of the United States to participate remotely in meetings of the board of county commissioners.

b. A county commissioner who is serving on active duty, or fulfilling reserve obligations, who participates remotely in a board of county commissioners meeting shall be included in establishing a quorum for that meeting of the board of county commissioners.

c. (1) The Division of Local Government Services in the Department of Community Affairs may, at the division’s discretion, develop guidelines for use by, and provide advice to, boards of county commissioners that choose to allow a county commissioner serving on active duty, or fulfilling reserve obligations, to participate remotely in meetings of the board of county commissioners of the county. The Department of Community Affairs shall publish any guidelines developed pursuant to this subsection on the department’s Internet website.

(2) The Division of Local Government Services in the Department of Community Affairs shall, at the request of a board of county commissioners, provide guidance and advice to the board of county commissioners regarding the remote participation in meetings of the board of county commissioners of a county commissioner serving on active duty, or fulfilling reserve obligations.

3. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, a board of education may, by resolution authorize, a school board member who is serving on active duty, or fulfilling reserve obligations, in a branch of the Armed Forces of the United States to participate remotely in meetings of the board of education.

b. A school board member who is serving on active duty, or fulfilling reserve obligations, who participates in a board of education meeting remotely shall be included in establishing a quorum for that meeting of the board of education.

c. (1) The Office of School Ethics and Compliance in the Department of Education may, at its discretion, develop guidelines for use by, and provide advice to, school boards of education that choose to allow a school board member serving on active duty, or fulfilling reserve obligations, to participate remotely in board of education meetings. The Department of Education shall publish any guidelines developed pursuant to this subsection on the department’s Internet website.

(2) The Office of School Ethics and Compliance in the Department of Education shall, at the request of an appropriate board of education, provide guidance and advice to the board of education regarding the remote participation in board of education meetings of a school board member serving on active duty, or fulfilling reserve obligations.

4. a. Notwithstanding the provisions of any law, rule or regulation to the contrary, a member of a board, commission, committee, task force, or similar multi-member entity created by law and allocated within a principal department of the Executive Branch of the State government or within any other State entity, who is serving on active duty, or fulfilling reserve obligations, in a branch of the Armed Forces of the United States, may be allowed to participate remotely in meetings of that State entity.

b. A member of a board, commission, committee, task force, or similar entity, described in subsection a. of this section, who is serving on active duty, or fulfilling reserve obligations, and who participates remotely in a meeting of that board, commission, committee, task force, or entity shall be included in establishing a quorum for that meeting.

c. The chair or staff member of a board, commission, committee, task force, or similar entity, described in subsection a. of this section, for whom the State already provides by law or otherwise may make arrangements to allow for the participation of a member serving on active duty, or fulfilling reserve obligations.

5. This act shall take effect immediately.

STATEMENT

This bill allows individuals who are on active duty, or fulfilling reserve obligations, in a branch of the United States Armed Forces to participate remotely in certain governmental meetings.

The bill provides that the governing body of a municipality may, by resolution, allow a member of the governing body who is serving on active duty, or fulfilling reserve obligations, to participate remotely in meetings of the governing body. Furthermore, a governing body member who is serving on active duty, or fulfilling reserve obligations, who participates remotely is required to be included in the quorum of that governing body meeting. Under the bill, the Division of Local Government Services (division) in the Department of Community Affairs (DCA) is permitted to develop guidelines and provide advice to allow such individuals to participate in meetings of these governing bodies. DCA is required to publish any guidelines on DCA’s Internet website. If an appropriate municipal governing body requests the division to provide guidance and advice to the municipal governing body regarding the remote participation in governing body meetings of a governing body member serving on active duty, or fulfilling reserve obligations, then the division is required to do so.

Under the bill, a board of county commissioners may, by resolution, allow a county commissioner who is serving on active duty, or fulfilling reserve obligations, to participate remotely in meetings of the board of county commissioners. Furthermore, a county commissioner who is serving on active duty, or fulfilling reserve obligations, who participates remotely is required to be included in the quorum of the meeting of the board of county commissioners. The division is permitted to develop guidelines and provide advice to allow such individuals to participate in meetings of the board of county commissioners. DCA is required to publish any guidelines on DCA’s Internet website. If a board of county commissioners requests the division to provide guidance and advice to the board of county commissioners regarding the remote participation in meetings of the board of county commissioners of a county commissioner serving on active duty, or fulfilling reserve obligations, then the division is required to do so.

The bill provides that a board of education may, by resolution, allow a school board member who is serving on active duty, or fulfilling reserve obligations, to participate remotely in meetings of the board of education. Furthermore, a school board member who is serving on active duty, or fulfilling reserve obligations, who participates remotely is required to be included in the quorum of that school board meeting. The Office of School Ethics and Compliance (office) in the Department of Education (DOE) is permitted to develop guidelines and provide advice to allow such individuals to participate in meetings of the board of education. DOE is required to publish any guidelines on DOE’s Internet website. If a board of education requests the office in DOE to provide guidance and advice to the board of education regarding the remote participation in board of education meetings of a school board member serving on active duty, or fulfilling reserve obligations, then the office is required to do so.

Under the bill, a member of a State board, commission, committee, task force, or similar multi-member entity, created by law and allocated within a principal department of the Executive Branch of the State government or within any other State entity, who is serving on active duty, or fulfilling reserve obligations, in a branch of the Armed Forces of the United States, may be allowed to participate remotely in meetings of that State entity. Additionally, a member of a board, commission, committee, task force, or similar entity who attends a meeting remotely is required to be included in the quorum for that meeting. Furthermore, either the chair or staff member of a board, commission, committee, task force, or similar entity for whom the State already provides by law or otherwise may make arrangements to allow for the participation of a member serving on active duty, or a service member fulfilling reserve obligations.