Township of Mansfield, NJ Cell Phone, Audiotape Recorder and Camera Use During Open Public Meetings

Use of phones, radios and other two-way communication devices are prohibited at open public meetings. Members of the governing body, boards, committees, commissions, and general public are prohibited from using cell phones or any other type of two-way communication devices during any meeting. All communication devices must be placed on vibrate or silent mode so that they will not make noise during the public meeting. No citizen is permitted to have any equipment that makes beeping sounds or other noises. Anyone wishing to use such a device must step out of the public meeting room to do so. Members of the governing body, boards, committees, and commissions are prohibited from text messaging, e-mailing or communicating with any person during any meeting regarding any agenda item or other matter dealing with the Township of Mansfield.

To minimize the possibility of disruption of a public meeting, any citizen who wishes to videotape, photograph, or record portions or all of the public meeting must do so in accordance to the following guidelines:

(1)

The citizen must provide the Municipal Clerk with no less than 60 minutes verbal notice prior to the public meeting of his or her intention to exercise the right to videotape, audio record, or photograph the public meeting. Failure to provide advance notice of the intent to utilize the equipment prior to each public meeting shall preclude its use at that meeting.

(2)

The citizen must have completed setup of his audio recording, video recording or photography equipment no less than 10 minutes prior to the official start time of the meeting. Audio, video and photography equipment may only be set up in the last two rows of the public meeting room and along the back wall. All recording and photograph equipment locations are subject to police and fire official approval for safety reasons related to egress in the event of an emergency. The space for recording and photography equipment is on a first-come-first-served basis.

(3)

The audio recording, video recording, and photography equipment utilized by the citizen must be battery operated, compact, quiet, and generally unobtrusive. No citizen shall operate more than one recording device or still camera at any meeting and no added lighting may be used. The equipment may not take up more than the space designated by the Municipal Clerk. No citizen is permitted to use any equipment that makes any beeping sounds or other noises. Should beeping sounds or any other noise emanate from the equipment at any time during the meeting, the citizen shall be required to turn off the equipment, cease recording, and shall be subject to the violations and penalties contained herein.

(4)

The citizen may not disrupt the meeting with the recording equipment. The citizen may not set up or use the videotape recorder or equipment in such a way as to block or obstruct the view of other members of the public. The recording or photography by the citizen may only be done in a manner that does not violate the Township's disorderly conduct or any other ordinances and must be generally orderly and unobtrusive. Citizens recording the proceedings shall assume fixed positions within the designated areas, and once the citizens are positioned they shall not be permitted to move about in any way that attracts attention. This includes still photographers who shall not be permitted to move about in order to photograph the meeting. The citizen must remain with the recording or photography equipment at all times, except for any portion of the meeting in which the citizen participates in public comment. The citizen may not narrate the proceeding or speak into any videotape recorder or microphone. The citizen may not engage in any verbal conversation or discourse unless the citizen is making a formal comment during the public comment portion of the meeting.

(5)

If the citizen chooses to cease video recording, audio recording, or taking photographs at any time during the public meeting, he or she may do so provided that the citizen not begin to remove or disassemble equipment, except for handheld recording devices or cameras, until there is a break of at least five minutes or the meeting has adjourned.

(6)

Specifically, in addition to the requirements set forth above, audiotape recording devices shall be unobtrusive and limited to handheld size, such as mini-cassettes or other similar recording devices. The device shall be placed in an appropriate position that will not interfere with the conduct of the meeting, block the view of any other meeting attendees, or move in any way that attracts attention. The recording device shall not produce a distracting sound, either from the equipment or the operation of the equipment. The tape shall not be rewound or played back while the meeting is in session. The citizen may not narrate the proceeding or speak into the recorder or microphone while the meeting is in session. The citizen may not engage in any verbal conversation or comment whatsoever, unless the citizen is making a formal comment during the public comment portion of the meeting.

(7)

In order to protect attorney-client privilege, there shall be no audio pickup of conferences which occur at a meeting or in a public facility between the Township Attorney or special counsel and any member of the governing body, the Municipal Clerk, or any officer or employee of the Township.

(8)

The Mayor may direct that videotaping, photography, or audio recording cease or be brought into compliance with these regulations at any time he determines that the equipment or its operator is disturbing the public meeting or in violation of the regulations set forth herein. Any action taken by the Mayor or anyone else to redirect any person in violation of this chapter shall not affect the applicability of the violations and penalties contained in this chapter.

(9)

The video and audio recordings taken by a citizen may not be represented as an official transcript in any manner or for any purpose.

(10)

The Mayor may relax the above guidelines during ceremonial proceedings such as the annual reorganization, administration of the oath of office, or other such circumstances.

(11)

Except as regulated herein with regard to public meetings, no photographs or video/audio recordings may be made within a public facility of any person, place or event relating to the administration or conduct of official municipal business.

(12)

No limitations are placed on audio/video recordings or the taking of photographs on the grounds of the municipal facility of places, people or events that are in no way connected to the administration or conduct of official municipal business.

(13)

Notwithstanding the limitations of this chapter, a citizen may hold and utilize a cell phone, audio recorder or camera to record the meeting while seated in any of the available seating within the meeting room. However, the device shall not be held higher than eye level and the citizen shall not move around, block the view of other meeting attendees, or move in a way that may attract attention. The recording device shall not produce a distracting sound. The citizen shall not be allowed to stand or hold the recording device in the air in an effort to record.