[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodcliff Lake as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-16-2012 by Ord. No. 12-04]
As used in this policy:
The governing body or any board, committee or commission
which is established by statute and subject to the Open Public Meetings
Act.[1]
Such item as shall be utilized to retain captured images
and sound by the use of a camera. Same may be used interchangeably,
or "recorded medium" may specifically refer to medium after same has
been utilized to capture recorded images and sound. Same may be analog
or digital in nature and can refer to film, videotape, compact discs,
flash drives, thumb drives, digital tape or any other technology now
known and set forth herein or performing a similar purpose.
The act of capturing moving images and sound with a camera
for retention on a medium or recording medium, whether or not actual
videotape is utilized for this purpose.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Photographing, live broadcasts and audio and video recording
of public meetings of a local government unit are permitted by media
representatives or private citizens, with the following conditions:
A.
The recording device shall be unobtrusive, limited to the size category
commonly known as "handheld," "mini-cassette," or "standard portable
cassette." It shall be placed in an appropriate position and may not
be moved in any way as to attract attention.
B.
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 of a local government unit is in session.
C.
The meeting chairperson may order that tape recording cease at any
time it determines that the equipment or its operator is interfering
with the proceedings of the meeting of a local government unit.
D.
The recording may not be represented as an official transcript in
any manner and for any purpose.
A.
Not more than two portable videotape electronic television cameras,
operated by not more than two persons, or two still photographers
shall be permitted in any public meeting of a local government unit.
B.
Not more than one audio system for radio broadcast purposes shall
be permitted in any public meeting of a local government unit. Audio
pickup for all media purposes other than tape recording shall be accomplished
from existing audio systems present in the meeting room. If no technically
suitable audio system exists in the meeting room, microphones and
related wiring essential for media purposes shall be unobtrusive and
shall be located in places designated in advance of any meeting of
a local government unit by the meeting chairperson.
C.
Participating members of the electronic media and participating still
photographers are encouraged to make their own pooling arrangements,
respectively, including the establishment of necessary procedures,
the provision of appropriate pooling equipment and selection of a
pool representative, without calling up the meeting chairperson to
mediate any dispute as to the appropriate media representative, costs
or equipment authorized for a particular meeting. Any media representative
who obtains permission from the meeting chairperson to proceed with
coverage shall be encouraged to provide pooling capabilities so that
other media representatives may share in the coverage.
A.
Only equipment which does not produce distracting sound or light
shall be employed to cover public meetings of a local government unit.
Absent prior approval, no artificial lighting device of any kind shall
be employed.
B.
It shall be the affirmative duty of media personnel to demonstrate
to the meeting chairperson adequately in advance of any proceeding
that the equipment sought to be utilized meets the sound and light
criteria enunciated herein. A failure to obtain advance approval for
equipment shall preclude its use in any public meeting of a local
government unit.
A.
Television, video camera equipment, camera personnel, and still photographers
shall be positioned in such locations in the meeting room designated
by the meeting chairperson. The chairperson shall select designated
areas that provide reasonable access to coverage. If and when areas
remote from the meeting room which permit reasonable access to coverage
are provided, all television, camera and audio equipment shall be
positioned only in such areas. Video recording equipment shall be
positioned only in such areas. Video recording equipment which is
not a component part of a television camera shall be located in an
area remote from the meeting room. Television and video camera operators
shall assume fixed positions within the designated areas, and once
the television and video camera operators are positioned, such television
and video camera operators shall not be permitted to move about in
order to televise or video the meeting of a local government unit.
B.
Broadcast media representatives shall not move about the meeting
room when proceedings are in session, and microphones or taping equipment
once positioned shall not be removed during the pendency of the proceedings
of a local government unit, provided that such actions do not interfere
with the activities of municipal staff or the public.
C.
No limitations or restrictions shall be placed upon the taking of
photographs in any public building, or upon any public grounds or
environs, or in any other building in which a public meeting is located,
of persons, places or events which have no relation to the public
meeting of a local government unit, provided that they do not interfere
with vehicle or pedestrian access or movement.
D.
The meeting chairperson in cases of extraordinary circumstances should:
(1)
Consult with representatives of the news media before imposing any
special limitation or restrictions on the taking of photographs.
(2)
Take appropriate measures to ensure that the entrance and exits to
the meeting room are kept clear in order that all participants in
the proceedings may enter and leave the meeting room without harassment.
(3)
Take appropriate measures to ensure that the occupancy does not exceed
the legal limit for purposes pursuant to fire regulation in the meeting
room.
To protect the attorney-client privilege and effective right
to counsel, there shall be no audio pickup or audio broadcast of conferences
which occur in the meeting room between attorneys and their clients
or between co-counsels of a client.
Permission for coverage shall not be conditioned upon obtaining
consent of any party or a party's attorney, any witness or any
participant of a public meeting of a local government unit.
The governing body, or another Borough entity, may, by vote,
determine to videotape meetings for any period of time as it shall
define and may cease such videotaping in its discretion. In the event
such videotaping takes place, the governing body, or its designee,
may determine that such videotaping may be accomplished by the use
of a portable camera, operated by a Borough employee, or such other
person as may be designated, or by such stationary or remote cameras
as the governing body may cause to be installed in the Borough Council
chambers or other location where meetings may take place. In the event
such videotaping shall take place, the recorded medium shall be retained
in the possession of the Borough Clerk and shall be presented to the
Borough Clerk as soon as practicable and without editing of any sort.
The Borough Clerk shall maintain the recorded medium created
by Borough-authorized videotaping and distribute same in accordance
with law. The governing body may, by vote, determine that the Clerk
should forward same to various public access television stations as
it may see fit. In the event such distribution does take place, the
Borough Clerk shall transmit the recorded medium to the representatives
of the television station without editing. In the event that edited
versions of the recorded medium are requested, or required, for use
by public access television stations, such editing be done by the
Borough Administrator, who shall provide for the editing of the recorded
medium into a format acceptable for use and which fairly reflects
the events which took place. The governing body may, by resolution,
determine to utilize the recorded medium on the Borough website or
any other web-based broadcast medium in addition to, or in lieu of,
forwarding same to public access television. In the event that same
shall be utilized on the Borough website or web-based broadcast medium,
it shall be shown unedited and without commentary by any person. In
the event that the governing body determines to utilize same on the
Borough website or other web-based broadcast medium, it may discontinue
such use at any time.
