S3758

An Act allowing individuals serving on active duty to participate remotely in certain governmental meetings and supplementing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, the governing body of a municipality may, by resolution, authorize a governing body member who is serving on active duty in a branch of the Armed Forces of the United States to participate remotely in meetings of that governing body.

b. A governing body member who is serving on active duty who participates remotely in a governing body meeting shall be included in establishing a quorum for that governing body meeting.

c. The Division of Local Government Services in the Department of Community Affairs shall, as soon as practicable following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), develop guidelines for use by, and provide advice to, municipal governing bodies that choose to allow a governing body member serving on active duty to participate remotely in governing body meetings. The Department of Community Affairs shall publish the guidelines developed pursuant to this subsection on the department’s Internet website.

d. As used in this section, “active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 or 1211.

2. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, a board of county commissioners may, by resolution, authorize a county commissioner who is serving on active duty in a branch of the Armed Forces of the United States to participate remotely in meetings of the board of county commissioners.

b. A county commissioner who is serving on active duty who participates remotely in a board of county commissioners meeting shall be included in establishing a quorum for that meeting of the board of county commissioners.

c. The Division of Local Government Services in the Department of Community Affairs shall, as soon as practicable following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), develop guidelines for use by, and provide advice to, boards of county commissioners that choose to allow a county commissioner serving on active duty to participate remotely in meetings of the board of county commissioners of the

county. The Department of Community Affairs shall publish the guidelines developed pursuant to this subsection on the department’s Internet website.

3. a. Notwithstanding any other provision of law, rule, or regulation to the contrary, a board of education may, by resolution authorize, a school board member who is serving on active duty in a branch of the Armed Forces of the United States to participate remotely in meetings of the board of education.

b. A school board member who is serving on active duty who participates in a board of education meeting remotely shall be included in establishing a quorum for that meeting of the board of education.

c. The Office of School Ethics and Compliance in the Department of Education shall, as soon as practicable following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), develop guidelines for use by, and provide advice to, school boards of education that choose to allow a school board member serving on active duty to participate remotely in board of education meetings. The Department of Education shall publish the guidelines developed pursuant to this subsection on the department’s Internet website.

4. a. Notwithstanding the provisions of any law, rule or regulation to the contrary, a member of a board, commission, committee, task force, or similar multi-member entity created by law and allocated within a principal department of the Executive Branch of the State government or within any other State entity, who is serving on active duty in a branch of the Armed Forces of the United States, may be allowed to participate remotely in meetings of that State entity.

b. A member of a board, commission, committee, task force, or similar entity, described in subsection a. of this section, who is serving on active duty and who participates remotely in a meeting of that board, commission, committee, task force, or entity shall be included in establishing a quorum for that meeting.

c. The chair or staff member of a board, commission, committee, task force, or similar entity, described in subsection a. of this section, for whom the State already provides by law or otherwise may make arrangements to allow for the participation of a member serving on active duty.

5. This act shall take effect immediately.

STATEMENT

This bill allows individuals who are on active duty in a branch of the United States Armed Forces to participate remotely in certain governmental meetings.

The bill provides that the governing body of a municipality may, by resolution, allow a member of the governing body who is serving on active duty to participate remotely in meetings of the governing body. Furthermore, a governing body member who is serving on active duty who participates remotely is required to be included in the quorum of that governing body meeting. Under the bill, the Director of the Division of Local Government Services in the Department of Community Affairs (DCA) would be required to develop guidelines and provide advice, as may be necessary, to allow active duty service members to participate in meetings of these governing bodies. DCA would be required to publish the guidelines on DCA’s Internet website.

Under the bill, a board of county commissioners may, by resolution, allow a county commissioner who is serving on active duty to participate remotely in meetings of the board of county commissioners. Furthermore, a county commissioner who is serving on active duty who participates remotely is required to be included in the quorum of the meeting of the board of county commissioners. The Director of the Division of Local Government Services in DCA would be required to develop guidelines and provide advice, as may be necessary, to allow active duty service members to participate in meetings of the board of county commissioners. DCA would be required to publish the guidelines on DCA’s Internet website.

The bill provides that a board of education may, by resolution, allow a school board member who is serving on active duty to participate remotely in meetings of the board of education. Furthermore, a school board member who is serving on active duty who participates remotely is required to be included in the quorum of that school board meeting. The Office of School Ethics and Compliance in the Department of Education (DOE) would be required to develop guidelines and provide advice, as may be necessary, to allow active duty service members to participate in meetings of the board of education. DOE would be required to publish the guidelines on DOE’s Internet website.

Under the bill, a member of a State board, commission, committee, task force, or similar multi-member entity, created by law and allocated within a principal department of the Executive Branch of the State government or within any other State entity, who is serving on active duty in a branch of the Armed Forces of the United States, may be allowed to participate remotely in meetings of that State entity. Additionally, a member of a board, commission, committee, task force, or similar entity who attends a meeting remotely would be included in the quorum for that meeting. Furthermore, either the chair or staff member of a board, commission, committee, task force, or similar entity for whom the State already provides by law or otherwise may make arrangements to allow for the participation of a member serving on active duty.