[HISTORY: Adopted by the Township Committee of the Township of Delanco as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Boards and commissions — See Ch. 10.
[Adopted 4-6-2009 by Ord. No. 2009-6]
As used in this article, the following terms shall have the meaning indicated:
MUNICIPAL FACILITY
Any building owned, leased, or otherwise legally occupied or used by the Township of Delanco in which official municipal business is conducted.
PUBLIC MEETING
Any gathering, whether corporal or by means of communication equipment, which is attended by, or open to, all members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body.
A. 
Equipment and personnel.
(1) 
Not more than two portable videotape electronic cameras, operated by no more than one person each, shall be permitted at any public meeting of the Township Committee.
(2) 
Not more than two still photographers utilizing not more than two lenses for each camera and related equipment for print purposes shall be permitted at any public meeting of the Township Committee.
(3) 
Sound and light criteria.
(a) 
Only videotape cameras and audio equipment used in conjunction with the video camera which do not produce distracting sound or light shall be employed to cover public meetings of the Township Committee. Specifically, such videotape camera and related audio equipment shall produce no greater sound or light than the equipment designated in Appendix A,[1] annexed hereto, when the same is in good working order. No artificial lighting device of any kind shall be employed in connection with the use of videotape cameras.
[1]
Editor's Note: Appendix A is on file in the Township offices.
(b) 
Only still camera equipment which does not produce distracting sound or light shall be employed to cover public meetings of the Township Committee. Specifically, such still camera equipment shall produce no greater sound or light than a 35 mm Luca "M" Services Rangefinder Camera when used alone or in conjunction with a professional sound-muffling device, e.g., the Nikon "bEmp." No artificial lighting of any kind shall be employed in connection with a still camera.
(c) 
It shall be the affirmative duty of the individual seeking to videotape a public meeting to demonstrate to the Mayor or his or her designee adequately in advance of any public hearing that the equipment sought to be utilized meets the sound and light criteria enumerated herein. A failure to obtain advance approval for the equipment prior to each public meeting shall preclude its use at any such meeting.
(4) 
Notice.
(a) 
Notice shall be given to the Municipal Clerk prior to the close of business of the day prior to the meeting for which an individual is seeking permission to videotape or photograph the public meeting, and if the meeting occurs on a day when municipal offices are closed, prior to close of business on the last business day preceding the meeting for which permission is sought.
(b) 
Permission to videotape or photograph the public meeting shall be granted on a "first-come-first-served" basis, subject to compliance with the provisions contained in these guidelines.
(5) 
Location of equipment and personnel.
(a) 
Videotape camera(s) shall be placed in an inconspicuous corner of the meeting room toward the rear. The specific location(s) shall be designated by the Township Committee. The area(s) shall provide a generally clear view of the proceedings by the camera. The person videotaping the public meeting shall not move about the meeting room while the public meeting is being held.
(b) 
Still camera photographers shall be positioned in an inconspicuous corner of the meeting room toward the rear. The specific location shall be designated by the Township Committee. Still camera photographers shall assume fixed positions within the designated areas, and once the photographers are positioned, such photographers shall not be permitted to move about in any way as to attract attention through further movement. Still photographers shall not be permitted to move about in order to photograph the public meeting.
B. 
Movement of equipment during proceedings. Videotape and related audio equipment and still camera equipment shall not be placed in or removed from the meeting room except prior to commencement and after adjournment of the public meeting or during a recess.
C. 
Upon the request of a member of the public who desires to discuss a personal matter with the Committee, the Mayor may direct that the audio-/video-taping be interrupted when an audio/video recording could be embarrassing or humiliating if played at a later time.
In addition to photography and videotape recording of public meetings, an individual may tape-record a public meeting subject to the restrictions of § 33-4 and with the following conditions:
A. 
Notice shall be given to the Municipal Clerk prior to the close of business of the day prior to the meeting for which an individual is seeking permission to videotape or photograph the public meeting, and if the meeting occurs on a day when municipal offices are closed, prior to close of business on the last business day preceding the meeting for which permission is sought.
B. 
The recording device shall be unobtrusive, limited to the size category commonly known as "handheld," "minicassette," or "standard portable cassette." It shall be placed in an appropriate position and may not be moved in any way as to attract attention.
C. 
The recording device shall not produce distracting sound, either from the equipment or its operation. The tape may not be rewound or played back while the meeting is in session.
D. 
The Mayor may order that tape recording cease at any time he/she determines that the equipment or its operator is interfering with the proceedings.
A. 
Meetings or portions of meetings which are permitted by law to be closed to the public shall not be videotaped, photographed or audiotaped.
B. 
During the conduct of a public meeting, including an executive session, photographs may be taken and videotape and/or audiotape recording made in the corridor immediately outside the meeting room only with the express permission of the Township Committee.
C. 
To protect the attorney-client privilege, there shall be no audio pickup of conferences which occur at a public meeting or in a public facility between the Township Solicitor or special counsel and any member of the Township Committee, the Municipal Clerk or any officer or employee of the Township.
D. 
No recording, whether audio or video, may be used in any court proceeding, nor may same be used to contest the accuracy of the official record of the Township Committee. The recording(s) may not be represented as an official transcript in any manner and/or for any purpose.
Permission for all still photography, videotaping and audiotape recording of ceremonial proceedings involving the Township Committee occurring during a public meeting or otherwise must first be obtained from the Township Committee but will be granted routinely subject to compliance with the foregoing guidelines where applicable. The Mayor may waive the requirements of this article to allow individuals to capture ceremonial proceedings if deemed in the best interests of the public.
A. 
Upon completion of videotaping or other recording of a public meeting, the Mayor or Municipal Clerk may request a copy of the videotape or other document and same shall be supplied to the Township. Copies of any videotape duplicated on behalf of the Township Committee shall be retained as required by law and made available to the general public upon request subject to payment of the cost of duplication.
B. 
If the Mayor or Municipal Clerk does not request the original videotape for duplication, the individual who made the videotape recording shall maintain the original tape for a period of one year and during that time period shall provide a copy of the videotape, certified to be undeleted and unabridged, to the Township Committee or member of the public upon request for the cost of duplication. Copies of any videotape provided to the Township Committee under this subsection shall be retained as required by law and made available to the general public upon request subject to payment of the cost of duplication.
C. 
The photographer at any public meeting shall maintain the negatives or electronic originals of all photographs taken during a public meeting for a period of one year and shall during that time period, if so requested, provide duplicates of the photographs to the Mayor or Township Clerk or member of the public upon request subject to payment of the cost of duplication. In lieu of providing copies, if so requested, the photographer may provide the negatives or electronic originals of the photographs to the Township Committee. The Township Committee shall retain the photographs as required by law and make available to the general public duplicates of any photographs for which it has either copies or the negatives or electronic originals subject to payment of the cost of duplication.
A. 
Except as otherwise provided herein with regard to public meetings, no photographs may be taken or audio/videotape recordings made within a public facility of any person, place or event relating to the administration and/or conduct of official municipal business.
B. 
No limitations are placed on the taking of photographs or video/audiotape recording on the grounds or environs of the municipal facility or within a municipal facility of persons, places or events which have no relation to, do not arise from, and/or are in no way connected with the administration and/or conduct of official municipal business.
Still and television camera and audio coverage of proceedings in the Municipal Court are governed by the Supreme Court Guidelines.
The Delanco Township Police Department, as well as the Township Clerk, and during the course of meetings with the Mayor and Township Committee, shall be the enforcement agent of this article.
[Adopted 1-9-2012 by Res. No. 2012-34]
The following policy is hereby adopted and shall constitute the guidelines to be followed within the Township of Delanco governing the use of electronic communications by municipal officials, when the business of the Committee is intended to be discussed:
A. 
E-mail communications should, as far as practicable, not include an effective majority of the governing body and should never include an effective majority of the governing body where a discussion of information related to the business of the Township is involved.
B. 
Where e-mail communications do include an effective majority of the governing body, such communications should not include any request for a response. Any e-mail communication should indicate that there should be no e-mail reply or response for communication.
C. 
In the rare instance when a response to an e-mail is necessary, such response must not involve any decisionmaking or deliberative function of the governing body or otherwise address public business as contemplated by the OPMA.[1] Further, the response shall not be made to the entire list of e-mail addressees to avoid even the appearance of circumvention of the Act. Utilizing a third party, such as the Township Administrator, or the Clerk, while not changing the requirements of the OPMA, serves to insulate the Committee from an irrational accusation of violation, where the Administrator or the Clerk is used as the "clearing house" for the dissemination of the information.
[1]
Editor's Note: Refers to the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
D. 
Rolling e-mail conversations must be avoided. A "rolling" e-mail occurs when one member of the governing body, or a third party, contacts others via e-mail individually to successively discuss or gain opinions on an item of Township business. This would apply to other forms of electronic communication as well. However, communications between less than an effective majority of the governing body do not violate the OPMA[2] provided the dialogue does not become a "rolling" discussion that ends up including an effective majority of the governing body.
[2]
Editor's Note: Refers to the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
E. 
To the extent possible, e-mail communications regarding the public business of the Committee, when sent by Committee members, should be sent to the Township Administrator and Township Clerk for dissemination to other members of the governing body, professionals, or staff.