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Closed session in New Jersey: the nine matters, the resolution, and the minutes

Short answer

A New Jersey public body may exclude the public only from the part of a meeting where it discusses one of the nine matters in N.J.S.A. 10:4-12(b). First it adopts a resolution, at a meeting the public may attend, stating the general nature of the subject and, as precisely as possible, when and in what circumstances the discussion can be made public.(N.J.S.A. 10:4-12(b) and 10:4-13)

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your attorney.
By Clarivis · Checked against N.J.S.A. 10:4-9, 10:4-12, 10:4-13 and 10:4-14 on Fri, Oct 23, 2026.

Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it counts the notice deadline for each special meeting, suggests a notice time for each regular meeting and drafts the minutes for your board to correct and approve; it does not post the notice, notify the newspapers or file it with the clerk for you.

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Questions on this page

What may be discussed in closed session?

Statute text

“A public body may exclude the public only from that portion of a meeting at which the public body discusses any:”

N.J.S.A. 10:4-12(b)

The nine matters, in plain words (the statute's own text governs):

  1. A matter that an express provision of federal law, State statute or rule of court makes confidential or excludes from the open-meeting rule.
  2. A matter in which releasing information would impair a right to receive funds from the federal government.
  3. Material whose disclosure would be an unwarranted invasion of individual privacy, such as personal records of a specific person admitted to or served by a program or institution the body runs (for example educational, medical, health, social service, housing or welfare), unless the person, or the guardian of a minor or incapacitated person, asks in writing for it to be disclosed publicly.
  4. A collective bargaining agreement, or the terms and conditions proposed for one, including negotiating them with the body's employees or their representatives.
  5. Buying, leasing or acquiring real property with public funds, setting banking rates, or investing public funds, if disclosing the discussion could adversely affect the public interest.
  6. Tactics and techniques used to protect the safety and property of the public, if disclosing them could impair that protection; or investigations of violations or possible violations of the law.
  7. Pending or anticipated litigation, or contract negotiation other than collective bargaining, in which the body is or may become a party; or matters within the attorney-client privilege, to the extent that confidentiality is required for the attorney to meet a lawyer's ethical duties.
  8. The employment, appointment, termination of employment, terms and conditions of employment, performance evaluation, promotion or discipline of a specific prospective or current public officer or employee employed or appointed by the body, unless all the employees or appointees whose rights could be adversely affected ask in writing for it to be discussed at a public meeting.
  9. The body's deliberations after a public hearing that may result in a specific civil penalty on the responding party, or the suspension or loss of the responding party's license or permit, for an act or omission the responding party is responsible for.

Only that part of the meeting is closed; the rest stays open.

How does a body go into closed session?

By a resolution adopted in public first:

Statute text

“No public body shall exclude the public from any meeting to discuss any matter described in subsection 7. b. until the public body shall first adopt a resolution, at a meeting to which the public shall be admitted: a. Stating the general nature of the subject to be discussed; and b. Stating as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public.”

N.J.S.A. 10:4-13

The Act sets no special vote count for the resolution.

Does a closed-session-only meeting need notice?

As Clarivis reads the law, the Act's notice duty does not reach a meeting limited to these matters:

Statute text

“Except as provided by subsection b. of this section, or for any meeting limited only to consideration of items listed in section 7. b. no public body shall hold a meeting unless adequate notice thereof has been provided to the public.”

N.J.S.A. 10:4-9(a)

But the resolution to close is still adopted at a meeting the public may attend, so sending 48 hours' notice is the safe course. A meeting that takes up any other business is not limited to those matters, so it needs the full notice, given in advance. See the meeting notice guide.

What happens to the closed session minutes?

Minutes are kept of every meeting, closed sessions included (N.J.S.A. 10:4-14). As Clarivis reads the Act, they are kept like all minutes and made public when the resolution that closed the session said the discussion could be disclosed. The Act sets no separate number of days.

Checklist

In open session, before going in

  • The topic is one of the nine matters. (N.J.S.A. 10:4-12(b))
  • A resolution, adopted in public, states the general nature of the subject and, as precisely as possible, when and in what circumstances the discussion can be made public. (N.J.S.A. 10:4-13)

Afterwards

  • Minutes of the closed session are kept, and made public when the resolution said they could be. (N.J.S.A. 10:4-14)

What the law does not settle

These are questions to take to your attorney; this guide does not answer them.

  • Whether a particular topic fits one of the nine matters.
  • How precise the resolution must be about when the discussion will be made public.
  • What notice, if any, a meeting held only for closed-session matters needs, and which opening statement the chair makes at it.

How Clarivis helps

Clarivis does not decide whether a topic may be discussed in closed session; your board and its attorney do.

  • On the agenda, a closed session item is flagged until one of the nine matters is chosen under Statutory basis.
  • During the meeting, the person recording selects Enter closed session and chooses its basis, one of the nine matters. Recording stops, and nothing is recorded until the body returns to open session.
  • In the draft minutes, closed session audio is left out.
  • After the meeting, the compliance check flags a closed session with no Statutory basis recorded.
  • A meeting held only for closed-session matters is treated as the regular or special meeting it is entered as. Clarivis does not offer a separate meeting type for it.
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