[HISTORY: Adopted by the Township Committee of the Township
of Delanco as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-6-2009 by Ord. No. 2009-6]
As used in this article, the following terms shall have the
meaning indicated:
Any building owned, leased, or otherwise legally occupied
or used by the Township of Delanco in which official municipal business
is conducted.
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.
