[HISTORY: Adopted by the Township Committee of the Township
of Winslow 6-26-07 as Ord. No. O-19-07. Amendments noted where applicable.]
A.
There
shall be a Minutes Review Committee (MRC) consisting of the Township
Administrator, the Township Clerk and the Township Solicitor, whose
job shall be to periodically review the minutes of closed sessions
of the governing body and make recommendations to the governing body
as to which minutes should be made public. The MRC shall have no power
and shall not be a "public body" within the meaning of the Open Public
Meetings Act.
B.
The
MRC shall meet on an as-needed basis, but at least annually. Meetings
of the MRC shall be as scheduled at the convenience of the MRC members
by the Administrator.
C.
Prior
to each meeting of the MRC, the Township Clerk shall prepare a list
of all closed session minutes that have not been made public. The
list and the minutes listed shall be made available to the MRC at
their meetings.
D.
Recommendations to make minutes public shall be on a case-by-case basis, taking into consideration both the interest in maintaining confidentiality set forth in N.J.S.A. 10:4-12 and the interest in prompt disclosure set forth in N.J.S.A. 10:4-14. The applicable guidelines set forth in Section 2-4 of this chapter may be considered as a general standard.
The decision to make public the minutes of any closed session shall be made only by the governing body, and shall be based on a finding that public disclosure of the matters discussed at such closed session will not be detrimental to the public interest. In making this finding, the public body shall take into consideration, but need not agree with, the recommendation of the MRC and the basis for the recommendation as set forth in Section 2-1 D. of this chapter. In cases where more than one (1) matter was discussed in closed session, the governing body may elect to make public only the minutes pertaining to certain of those matters, and to keep the rest of the minutes confidential. Should the minutes contain any material entitled to protection, the governing body shall redact the protected matter, provided that all materials required by law to be contained in the minutes shall be set forth.
Minutes which are made public shall not thereafter be treated
as confidential, but may be seen and copied by any person in the same
manner as minutes of open meetings.
The following general guidelines pertaining to the purposes
for closed meetings set forth in N.J.S.A. 10:4-12(b) may be considered
in recommending and deciding when to make public minutes of closed
sessions:
A.
Matters
required by law to be confidential. When the need to preserve the
secrecy of the confidential information discussed no longer exists;
provided, that material entitled to court protection shall not be
disclosed.
B.
Matters
affecting the right to receive Federal funds. When disclosure would
no longer impair the right to receive funds or cause funds already
received to be forfeited.
C.
Matters
involving individual privacy. Such matters shall not be disclosed
except as ordered by a court of competent jurisdiction, or with the
written consent of all of the individual(s) concerned.
D.
Matters
relating to collective bargaining agreements. When the collective
bargaining agreement has been made and ratified.
E.
Certain
matters involving public funds. After the transaction involving the
public funds has been made.
F.
Matters
affecting public safety and property. When disclosure will no longer
impair the safety and property of the public or the conduct of any
investigation.
G.
Litigation,
contract negotiation and certain privileged matters. As to litigation,
when a final decision has been rendered and all rights of appeal are
exhausted; as to anticipated litigation, when the statute of limitations
has expired as to all such claims or a binding settlement precluding
litigation has been made; as to contract negotiation, when either
the contract has been made and is binding on all parties or if not
made, when negotiation is terminated; as to matters falling within
the attorney-client privilege, at such time, if ever, that disclosure
would not violate the attorney's ethical duties.
H.
Employment
matters. When the employment decision has been made and all rights
to litigate or appeal are exhausted, provided, that material entitled
to court protection shall not be disclosed.
I.
Deliberations
after hearing in penalty matters. After the decision to impose or
not impose the penalty has been made and all rights to litigate or
appeal are exhausted; provided, that material entitled to court protection
shall not be disclosed.
