ASSEMBLY, No. 1851

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblywoman MYERS, Assemblymen LANCE, Carroll, Gregg, Garrett, Assemblywoman Murphy, Assemblymen Arnone, Roma, Kramer and DeCroce

An Act concerning voting on certain matters before municipal agencies and amending P.L.1979, c.216.

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

    1. Section 9 of P.L.1979, c.216 (C.40:55D-10.2) is amended to read as follows:

    9. A member of a municipal agency who was absent for one or more of the meetings at which a hearing was held, or who was not a member of the municipal agency at the time the meeting or meetings were held, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings or notwithstanding that he was not a member at that time; provided, however, that such board member has available to him the transcript or recording of all of the hearing from which he was absent or during which he was not a member of the municipal agency, and certifies in writing to the board that he has read such transcript or listened to such recording.

(cf. P.L.1979, c.216, s.9)

    2. This act shall take effect immediately.

STATEMENT

    This bill is intended to reverse one provision of Patel v. Planning Bd., 258 N.J.Super.437 (1992) which held that a member of a municipal agency who was not a member of that agency at the time a hearing was conducted may not vote on an issue which was originally discussed prior to that person's membership on the agency.

    In interpreting the law, the judge stated that

    ".....One cannot interpret N.J.S.A.40:55D-10.2 to equate an individual, who was not a member of the board when a hearing occurred, with an existing member who was merely "absent" from a particular hearing..."

    Under existing law, a member who was absent from a hearing on a particular issue may vote on the matter at a subsequent meeting so long as that person certifies in writing to the board that that person has listened to the recording or read the transcript of any hearing from which that person was absent. The law is silent on whether "absent" includes those persons who were absent by virtue of not having been a member at the time the earlier discussions transpired.

    This bill clarifies that any member of a municipal agency may vote on an issue provided that person listens to the hearing or reads the transcript, regardless of whether or not that person was a member of the agency at the time the issue was originally discussed.

Allows members of municipal agencies to vote on certain matters under certain circumstances.