New Jersey meeting minutes: what they must show and when they must be available
Short answer
A New Jersey public body keeps reasonably comprehensible minutes of every meeting showing the time and place, members present, subjects considered, actions taken and each member's vote. They must be promptly available to the public, to the extent that making them public is not inconsistent with the closed-session rules; the Act sets no number of days. Planning board and zoning board of adjustment minutes also name the people who appeared and addressed the board, and those who appeared by attorney.(N.J.S.A. 10:4-14; 40:55D-9)
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.
See how Clarivis helpsQuestions on this page
What must the minutes show?
Statute text
“Each public body shall keep reasonably comprehensible minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making such matters public shall not be inconsistent with section 7 of this act.”
So the minutes show how each member voted; "the motion carried" alone is not enough. The Act does not require the minutes to name members of the public who speak; planning and zoning boards are different (below).
When must the minutes be available?
Promptly, to the extent that making them public is not inconsistent with the closed-session rules (section 7 of the Act is N.J.S.A. 10:4-12). The Act sets no number of days and names no approval step. Nothing in the Act stops a board from making draft minutes available before they are approved; whether a draft alone meets the duty is not settled.
What else goes in the minutes?
The chair's opening statement on how notice was given:
Statute text
“At the commencement of every meeting of a public body the person presiding shall announce publicly, and shall cause to be entered in the minutes of the meeting, an accurate statement to the effect: a. that adequate notice of the meeting has been provided, specifying the time, place, and manner in which such notice was provided;”
When adequate notice was not given, as at an emergency meeting, the statement instead says so. It gives the urgency and the harm a delay would cause, says the meeting is limited to those matters, gives the time, place and manner of the notice that was given, and says why the need could not have been foreseen in time or, if it could, why adequate notice was not given.
A member who believes the meeting breaks the Act says so at once, with reasons, and the objection is recorded in the minutes (N.J.S.A. 10:4-17).
What about planning and zoning board minutes?
Under the Municipal Land Use Law, the minutes of every regular or special meeting of a planning board or zoning board of adjustment also name the people who appeared and addressed the board, and those who appeared by attorney, and give the action taken and any findings, with the reasons for them. They are then made available for public inspection during normal business hours at the office of the administrative officer (N.J.S.A. 40:55D-9).
What about closed session minutes?
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. More in the closed session guide.
Checklist after each meeting
- Minutes show the time and place, the members present, the subjects considered, the actions taken and each member's vote.
- They record the chair's statement of how notice was given, and any member's objection.
- Planning and zoning board minutes name the people who appeared and addressed the board, and those who appeared by attorney, and give the action taken and any findings, with the reasons.
- Minutes are promptly available to the public.
What the law does not settle
These are questions to take to your attorney; this guide does not answer them.
- How soon "promptly" is.
- Whether draft minutes made available before approval meet the duty.
How Clarivis helps
Clarivis drafts; people decide.
- Records and transcribes the meeting, then drafts minutes from the transcript for your Committee Admin or Editor to read and correct before your board approves them.
- Flags each motion in the draft until someone confirms each member's vote on it.
- Shows no minutes due date. New Jersey sets no number of days, so Clarivis records when the minutes were published and flags no date.
Related guides
- New Jersey meeting notice: the yearly schedule, the 48-hour notice and where it goesThe yearly schedule, 48 hours' notice, posting, two newspapers and the clerk
- The yearly meeting schedule in New Jersey: what a public body posts within 7 days of reorganizingPosted, mailed and submitted within 7 days of reorganizing, or by January 10
- Closed session in New Jersey: the nine matters, the resolution, and the minutesThe nine matters, the resolution, disclosure
- What counts as a meeting in New Jersey: effective majority, phone and video, and what is left outEffective majority, phone and video, and what the law leaves out
- Online and phone meetings in New Jersey: what the law says in an emergency and what it leaves openAllowed in a declared emergency; advice, not a rule, the rest of the time
This guide for other states
Sources
- N.J.S.A. 10:4-14, Minutes of meetings: lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/7555/7584
- N.J.S.A. 10:4-10, Statement at the start of each meeting: lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/7555/7580
- N.J.S.A. 10:4-17, Member's objection; penalty: lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/7555/7587
- N.J.S.A. 40:55D-9, Municipal Land Use Law: meetings and minutes: lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/34392/36360