For the past three years the township has been criticized unfairly over a lack of transparency. This might sound like a broken record, but the township has gone above and beyond the legal requirement to be transparent. That said, not everything that the township committee and other local governmental bodies can be heard in public.
For example, an executive session is a private portion of a public meeting that the public is excluded from, as allowed by the Open Public Meetings Act (Sunshine Law) for specific reasons, such as discussing personnel matters, pending litigation, land purchases, or negotiation strategies. These sessions must be publicly announced in advance, but no binding official actions can be taken; any final action must be made in an open public session.
Why Public Bodies Go Into Executive Session
Public bodies can enter executive sessions to discuss matters that the law deems appropriate for closed-door discussion.
Common reasons include:
Personnel: Discussing the employment, appointment, termination, or performance of specific public employees.
Litigation: Matters involving attorney-client privilege, pending, or anticipated litigation.
Negotiations: Strategies for collective bargaining with employees or representatives.
Land/Property: The purchase, lease, or acquisition of real property with public funds.
Privacy: Matters that would constitute an unwarranted invasion of an individual’s privacy.
Key Rules for Executive Sessions
Advance Notice: A public meeting must be opened to the public first, with notice of the intent to go into executive session provided beforehand.
No Binding Actions: No official binding decisions or actions can be taken in an executive session. Final actions must be taken in an open session.
Limited Attendance: Only board members and essential staff or invited guests (like legal counsel) may attend.
Information Confidentiality: Information discussed in an executive session generally remains confidential unless the public body reviews the minutes and approves their release to the public.
Purpose: The session is not meant as a subterfuge to avoid public scrutiny; it is for discussing sensitive matters privately when the law allows.
Before the “age of dysfunction” we entered three years ago, closed sessions were never called into question. We addressed the need and moved on. In most cases the matters discussed were not ever suitable for public release due to their nature.
Connor and Rich pledge to maintain the utmost transparency while protecting the confidentiality of the closed session.
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