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Online and phone meetings in New Jersey: what the law says in an emergency and what it leaves open

Short answer

During a state of emergency, public health emergency or state of local disaster emergency declared under New Jersey law, a public body may meet, hold its meeting open to the public, vote and take public comment by communication or other electronic equipment. Outside a declared emergency the Act does not say whether a member may attend and vote remotely, or whether that member counts toward a quorum. Check your body's own rules and ask your attorney.(N.J.S.A. 10:4-9.3(a) and (c), 10:4-8(b))

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. 10:4-8(b) and 10:4-9.3, read on lis.njleg.state.nj.us on 2026-10-27; the Department of Community Affairs rules the Act mentions (N.J.A.C. 5:39) were not read on Tue, Oct 27, 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

Can a body meet by phone or video?

A gathering "by means of communication equipment" is a meeting under the Act when it fits the definition, so a call or video meeting is held to the same notice and minutes as one in a room (N.J.S.A. 10:4-8(b); see what counts as a meeting). The Act has one provision that expressly permits meeting electronically, and it applies only in an emergency.

What changes during a declared emergency?

Statute text

“during a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency, a public body shall be permitted to perform any of the following by means of communication or other electronic equipment: (1) conduct a meeting and any public business to be conducted thereat, (2) cause a meeting to be open to the public, (3) vote, or (4) receive public comment.”

N.J.S.A. 10:4-9.3(a)

So while a state of emergency, public health emergency or state of local disaster emergency is in force, a body may do all four of these by electronic equipment, and the Act says it does not violate the Open Public Meetings Act by doing so. The Act also lets the Department of Community Affairs, and for a board of education the State Board of Education, make rules to carry this out (subsection d. of the same section); those rules were not read for this guide.

What about notice during an emergency?

During such a period a body may give electronic notice in place of the adequate notice the Act otherwise requires. To the extent practicable, a body that gives only electronic notice limits what it takes up to matters necessary for the continuing operation of government that relate to the emergency (N.J.S.A. 10:4-9.3(b)). Outside an emergency, electronic notice never replaces the posted notice, the newspapers and the filing. See the meeting notice guide.

Can a member attend or vote remotely outside an emergency?

The Act does not say. It does not forbid it, and it does not permit it in so many words. The emergency provision adds only this:

Statute text

“This section shall not be construed to limit any authorization under law to perform the functions as specified herein irrespective of any emergency.”

N.J.S.A. 10:4-9.3(c)

So the Act leaves the question open. It treats a gathering "by means of communication equipment" as a meeting (N.J.S.A. 10:4-8(b)), but it says nothing about a single member joining remotely. Check any other law that applies to your body, your charter or ordinance, and your body's own rules, and ask your attorney if they are silent. Clarivis treats this as advice, not a rule it checks.

Does a remote member count toward a quorum?

The Open Public Meetings Act sets no quorum. For planning boards and zoning boards of adjustment, the Municipal Land Use Law defines a quorum as "the majority of the full authorized membership of a municipal agency" (N.J.S.A. 40:55D-6), and it does not say whether a remote member is counted. For other bodies the number comes from outside the Act, and so does the answer. The safe course is to keep a quorum in the room until your attorney confirms that a remote member counts.

Checklist

Items marked (safe course) are good practice, not the statute's words.

During a declared emergency

  • The emergency is one declared under New Jersey law: a state of emergency, a public health emergency or a state of local disaster emergency.
  • The electronic equipment may be used to open the meeting to the public and to receive public comment; the Act permits both.
  • If only electronic notice is given, the business is limited, as far as practicable, to matters that are both necessary for the continuing operation of government and related to the emergency.

Outside a declared emergency

  • (Safe course) Before a member attends or votes remotely, check whether any law, charter, ordinance or the body's own rules address it.
  • (Safe course) A quorum is present in the room.

At the meeting

  • (Safe course) Every member recorded present, remote or absent.
  • Minutes show each member's vote (N.J.S.A. 10:4-14).

What the law does not settle

Questions to take to your attorney; this guide does not answer them.

  • Whether a member may attend or vote remotely when no emergency has been declared.
  • Whether a remote member counts toward a quorum.
  • What the Department of Community Affairs rules the Act mentions provide for electronic meetings (not read for this guide).
  • When an emergency "period" begins and ends for a local body.

How Clarivis helps

At the meeting, Clarivis records how each member attended; it does not run the call or post the notice for you, and it does not judge whether remote attendance is allowed.

  • Remote is its own attendance state. A member is recorded present, remote or absent, and remote is never folded into present.
  • No reason asked, no remote finding. For New Jersey, Clarivis does not ask why a member is remote, counts a remote member in the attendance count and raises no remote-attendance finding.
  • Names the check it does not make. The meeting's Compliance step lists remote participation as not evaluated for New Jersey.
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