[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:
LOCAL GOVERNMENT UNIT or PUBLIC BODY
The governing body or any board, committee or commission which is established by statute and subject to the Open Public Meetings Act.[1]
MEDIUM OR RECORDED MEDIUM
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.
VIDEOTAPING
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.
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.