New Jersey
Baer Act
Formally: Senator Byron M. Baer Open Public Meetings Act
N.J. Stat. Ann. §§ 10:4-6 to 10:4-21
Sunshine Score
| Advance Notice | 2 days, online posting required |
|---|---|
| Public Comment | Not required, remote allowed |
| Closed Sessions | 7 permitted categories |
| Minutes | Required |
| Recording | Not required |
| Remote Participation | Allowed |
| Enforcement | Voidable, legislature exempt |
Agenda & Notice Requirements
Online posting: Required
Post adequate notice at least 48 hours before meeting with time, date, location, and agenda; as of March 2026, post on website for at least one week instead of newspaper publication
Agenda changes at meeting: Allowed — majority vote
Public Participation
New Jersey Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) does not mandate public comment at open meetings. The AG's OPMA compliance guide recommends that bodies allow public comment as a matter of good governance but notes no statutory floor is established. Bodies set their own participation policies.
Virtual Meetings
NJ Stat. § 10:4 (Senator Byron M. Baer Open Public Meetings Act) does not mandate remote participation but a board may adopt policy permitting it. Remote participation by a quorum via speakerphone likely requires the call to be audible to the public. Remote members generally do not count toward quorum unless policy specifically provides.
Closed Sessions
Closed (executive) sessions: Allowed under specific circumstances
Permitted Categories
Meeting Minutes
Online posting: Not required
Content requirements: time, place, members present, record of all actions taken (N.J.S.A. 10:4-14)
Recording & Broadcast
Enforcement
Scope
This law applies to:
Legislature: Exempt (follows own rules)
Accessibility & Language Access
ADA accessibility: ADA Title II applies to all public meetings. The state statute does not add requirements beyond federal law; reasonable accommodations must be provided on request.
Language access: No statutory language-access mandate beyond federal Civil Rights Act Title VI obligations for recipients of federal funds.