0164.6  REMOTE PUBLIC BOARD MEETINGS DURING 			A DECLARED EMERGENCY
 	A.    	Purpose – N.J.A.C. 5:39-1.1
 		1.     	The purpose of N.J.A.C. 5:39-1.1 et seq. and Bylaw 0164.6 is to 				ensure a Board of Education or Board of Trustees of a charter school 			can conduct official public business in an open and transparent 				manner whenever a declared emergency requires a local public body 			to conduct a public meeting without physical attendance by members 			of the public. 
 2.     	Nothing in N.J.A.C. 5:39-1.1 et seq. prevents a local public body 			from holding a remote public meeting under such other 				circumstances as may be permitted by the Open Public Meetings 			Act, N.J.S.A. 10:4-1 et seq.
 
B.    	Definitions – N.J.A.C. 5:39-1.2
 	For the purpose of this Bylaw and in accordance with N.J.A.C. 5:39-1.2, the 		following words and terms have the following meanings, unless the context clearly 	indicates otherwise:
"Adequate notice" shall have the same definition as at N.J.S.A. 10:4-8; however, for the purpose of N.J.A.C. 5:39-1.1 et seq., and to the extent not otherwise set forth at N.J.S.A. 10:4-8, the notice transmitted to at least two newspapers for publication may occur through electronic mail or other electronic means that is accepted or requested by the newspaper. 
 
"Annual notice" means a schedule of regular meetings of the public body to be held in the succeeding year noticed pursuant to N.J.S.A. 10:4-8 and 10:4-18.  For the purpose of N.J.A.C. 5:39-1.1 et seq., the annual notice may be transmitted through electronic mail to newspapers and persons requesting an annual notice pursuant to N.J.S.A. 10:4-18.  If the declared emergency prevents the local public body from mailing an annual notice to individuals requesting notice pursuant to N.J.S.A. 10:4-18, it shall be mailed to individuals for whom the local public body does not have an electronic mail account as soon as practicable. 
 
“Board” or “Board of Education” means a Board of Education or a Board of Trustees of a charter school as defined as a “local public body” or “public body” as per N.J.A.C. 5:39-1.2.
 
"Declared emergency" means a public health emergency, pursuant to the Emergency Health Powers Act, P.L. 2005, c. 222 (N.J.S.A. 26:13-1         et seq.), or a state of emergency, pursuant to P.L. 1942, c. 251 (N.J.S.A. App.A.9-33 et seq.), or both, or a state of local disaster emergency that has been declared by the Governor and is in effect. 
 
"Electronic notice" means advance notice available to the public via electronic transmission of at least forty eight hours, giving the time, date, location and, to the extent known, the agenda of any regular, special, or rescheduled meeting, which shall accurately state whether formal action may or may not be taken at such meeting.
 
"Internet" means the international computer network of both Federal and non-Federal interoperable packet switched data networks. 
 
"Live streaming" means the live audio and video transmission of a remote public meeting over the Internet.
 
"Local public body" means any "public body," as that term is defined in N.J.S.A. 10:4-8, with territorial jurisdiction equal to or less than a county. This term shall include Boards of Education, counties, municipalities, boards and commissions created by one or more counties or municipalities, and any authorities subject to N.J.S.A. 40A:5A-1 et seq., including fire districts and other special districts, along with joint meetings or regional service agencies as defined in N.J.S.A. 40A:65-3. 
 
"Public business" means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body’s functions or the conduct of its business. 
"Public meeting" means and includes any gathering whether corporeal or by means of communication equipment which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body.  Meeting does not mean or include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering. 
 
"Remote public meeting" means a public meeting that is conducted by any means of electronic communication equipment permitted pursuant to N.J.A.C. 5:39-1.1 et seq.
 
C.    	Circumstances Under Which a Board of Education May Hold a Remote Public Meeting During a Declared Emergency for Conducting Public Business – N.J.A.C. 5:39-1.3
 	1.     	In addition to any circumstances under which public meetings held by 			means of communication equipment may be authorized pursuant to the 			Open Public Meetings Act, N.J.S.A. 10:4-1 et seq., the Board may hold a 			remote public meeting to conduct public business during a declared 			emergency if the emergency reasonably prevents the Board from safely 			conducting public business at a physical location with members of the 			public present.
 2.     	If, during a declared emergency, the Board holds a physical meeting 	in a location where, pursuant to State and/or Federal guidelines 		meant to mitigate the risk of a contagious infection, the declared 		emergency necessitates capacity restrictions reducing the number of 	individuals that can be present in the meeting room to an amount 		below that reasonably expected for the public meeting by the Board, 	the Board must either hold the public meeting at another location 		with adequate capacity for the reasonably expected attendance by the 	public or hold the public meeting as both an in-person meeting and a 	remote public meeting. 
 		a.     	As set forth at N.J.A.C. 5:39-1.4(c), no in-person meeting shall 				proceed if the room capacity does not permit any member of the 				public to attend. 
 	3.     	Nothing in N.J.A.C. 5:39-1.3 shall be interpreted to prevent the Board from 		broadcasting the audio and/or video of, or taking remote public comment 			during, a public meeting that the public can physically attend without being 		subject to public health-related capacity restrictions.
 
D.    	Minimum Technological and Procedural Requirements for Remote Public Meetings Necessitated by a Declared Emergency – N.J.A.C. 5:39-1.4
 		1.     	If a declared emergency requires the Board to hold a remote public meeting to conduct public business, the Board shall use an electronic communications technology that is routinely used in academic, business, and professional settings, and can be accessed by the public at no cost.
a.     	Participant capacity on the selected platform should be consistent with the reasonable expectation of the public body for public meetings of the type being held and shall not be limited to fewer than fifty public participants (beyond those persons required to conduct business at the meeting).
 
2.     	Remote public meetings may be held by means including, but not limited to, audio-only teleconferencing, electronic communications platforms with video and audio, and Internet-accessible technology, such as live-streaming.
 
a.     	If an electronic communications platform or            Internet-accessible technology is being utilized for a remote public meeting, a telephonic conference line shall also be provided to allow members of the public to dial-in by telephone to listen and provide public comment as otherwise required by law.
 
b.     	The Board shall require members of the public to state, prior to providing public comment, whether they wish to speak and to identify themselves prior to speaking.

 
3.     	The Board shall provide the public with similar access to a remote 		public meeting as members of the Board, staff of the Board, and any 	individuals seeking one or more approvals from the Board.
 
a.     	If a remote public meeting is held by audio and video, the 		public shall also have the opportunity to participate in the 		meeting in both audio and video capacities.
 
b.     	The Board meeting held in-person shall not prohibit members 	of the public from attending in-person.
 
4.     	Any remote public meeting where sworn testimony is being taken 		shall be broadcast by video, as well as by audio.
 
a.     	All individuals giving sworn testimony at a remote public 		meeting shall appear by video in addition to audio.
 
5.     	Any presentations or documents that would otherwise be viewed or 	made available to members of the public physically attending the 		Board meeting shall be made visible on a video broadcast of the 		remote public meeting or made available on the Internet website or 	webpage of the entity governed by the Board, or the Internet website 	or webpage of the entity responsible for appointing the members of 	the Board.
 
a.     	If a document would be made available to individual 		members of the public in hard copy while physically 		attending the meeting, the document shall be made available 	in advance of the meeting for download through an internet 	link appearing either on the meeting notice, or near the 		posting of the meeting notice, both on the website and at the 	building where the meeting would otherwise be held.
 
b.     	If the Board does not have its own website, such documents 	shall be available upon request ahead of the meeting and 		provided through an official social media account if one 		exists.
 
6.     	The Board holding a remote public meeting shall allow members of 	the public to make public comment by audio, or by audio and video, 	if the remote public meeting is held over both audio and video, 		during the meeting.
 
a.     	In advance of the remote public meeting, the Board shall 		allow public comments to be submitted to the Board 		Secretary or the official responsible for creating the meeting 	agenda by electronic mail and in written letter form by a 		reasonable deadline.
 
b.     	The Board shall accept text-based public comment received 	during a remote public meeting held through an electronic 		communications platform or Internet-accessible technology.  	Public comments submitted before the remote public meeting 	through electronic mail or by written letter shall be read 		aloud and addressed during the remote public meeting in a 		manner audible to all meeting participants and the public.
 
c.     	The Board shall impose a reasonable time limit, where 		permitted by law, of three minutes on individual public 		comments and the same limits shall be placed on the reading 	of written comments.  Each comment shall be read from the 	beginning, until the time limit is reached.  The Board may 		pass over duplicate written comments; however, each 		duplicate comment shall be noted for the record with the 		content summarized.  If the Board elects to summarize 		duplicative comments, the Board must not summarize certain 	duplicative comments while reading other duplicative 		comments individually.
 		7.     	The electronic communications technology used for a remote public 			meeting must have a function that allows the Board to mute the 				audio of all members of the public, as well as allow members of the 			public to mute themselves.
 a.     	Any electronic communications platform or             			Internet-accessible technology used for a remote public 		meeting shall also allow the Board to regulate participation 		by individual members of the public.
 
b.     	A telephonic audio conference call line must have a queueing 	or similar function for regulating public comment.
 	8.     	Subject to D.5. and D.6. above, the Board shall adopt, by resolution, 		standard procedures and requirements for public comment made 			during a remote public meeting, as well as for public comments 			submitted in writing ahead of the remote public meeting. 
a.     	Such procedures and requirements shall include standards of 	conduct to be followed by members of the public when 		offering comment. 
 
b.     	The procedures and requirements for making public 		comment, along with an explanation of the audio muting 		function of the electronic communications platform being 		used, shall be announced at the beginning of the remote 		public meeting.
 
c.     	Regulation of conduct by members of the public on a remote 	public meeting shall be consistent with law and practices 		followed if a member of the public disrupts an in-person 		meeting. The following procedures shall be incorporated: 
 
(1)    	The Board shall facilitate a dialogue with the commenter to the extent permitted by the electronic communications technology;
 
(2)    	If a member of the public becomes disruptive during a remote public meeting, including during any period for public comment, the member of the Board charged with running the remote public meeting shall mute or continue muting, or direct appropriate staff to mute or continue muting, the disruptive member of the public and warn that continued disruption may result in being prevented from speaking during the remote public meeting or removed from the remote public meeting.
 
(a)    	Disruptive conduct includes sustained inappropriate behaviors, such as, but not necessarily limited to, shouting, interruption, and use of profanity. 
 
(3)    	A member of the public who continues to act in a disruptive manner after receiving an initial warning may be muted while other members of the public are allowed to proceed with their questions or comments.
 
(a)    	If time permits, the disruptive individual shall be allowed to speak after all other members of the public have been given the opportunity to make their comment.  Should the person remain disruptive, the individual may be muted or kept on mute for the remainder of the remote public meeting, or removed from the remote public meeting. 
 
9.     	Electronic communications platforms and Internet-accessible 		technologies used for remote public meetings shall be hosted on 		FedRAMP Moderate Impact Level Authorized dedicated servers or 	in a FedRAMP Moderate Impact Level Authorized Cloud, unless the 	host of the dedicated servers or cloud provides annual evidence of 		satisfactory cybersecurity internal controls through a SOC2 audit 		report.
 
a.     	When using cloud services, the technology vendor shall 		check provider credentials and contracts to ensure FedRAMP 	Moderate Impact compliance unless annual evidence of 		satisfactory internal controls is provided through a SOC2 		audit report.
 
E.     	Notice of Remote Public Meetings; Statement in Minutes – N.J.A.C.  		5:39-1.5
 	1.     	Adequate notice of a remote public meeting must include, in 			addition to the content required pursuant to N.J.S.A. 10:4-8, clear 			and concise instructions for accessing the remote public meeting, the 		means for making public comment, and where relevant documents, 		if any, will be made available.
2.     	In addition to adequate notice, the Board shall also provide 			electronic notice of a remote public meeting, except as may be 		permitted pursuant to N.J.S.A. 10:4-9.3 and E.3. below.
 		a.     	The electronic notice shall contain the content required 				pursuant to N.J.S.A. 10:4-8 and 10:4-9.1 and E.1. above, and 			shall be posted on the Internet website or webpage of Board 			and/or school district, or the entity responsible for appointing 			the members of the Board.
 
(1)    	If the Board does not have a website, electronic notice shall be provided on an official social media platform of the Board; however, electronic notice is not required if the Board does not have an internet presence.
 
(2)    	Unless otherwise prohibited by the declared emergency, the content of the electronic notice shall also be posted on the main access door of the building where the public would routinely attend public meetings of the Board in-person. The notice must be viewable from the outside.

3.     	If during a declared emergency the Board elects to issue electronic 		notice of a remote public meeting in lieu of, rather than in addition 		to, adequate public notice, as permitted pursuant to N.J.S.A.    		10:4-9.3, the Board shall limit public business discussed or 			effectuated at the meeting to matters:
 
a.     	Necessary for the continuing operation of government and 		which relate to the emergency declaration connected with the 	declared emergency; or
 
b.     	Requiring decision during the remote public meeting due to 	imminent time constraints.
 
4.     	Nothing in N.J.A.C. 5:39-1.5 prohibits the Board from holding a remote public meeting, notwithstanding the failure to provide adequate notice and electronic notice where permitted pursuant to N.J.S.A. 10:4-9. 
 
5.     	If the Board expects to conduct remote public meetings for a series 	of regularly scheduled meetings advertised in its annual notice, the 		annual notice shall be revised at least seven days prior to the next 		regularly scheduled meeting, indicating which meeting(s) will be 		held as a remote public meeting and shall contain clear and concise 	instructions for accessing those remote public meetings, the means 		for making public comment, and where relevant documents, if any, 	will be made available.
 
a.     	In addition to the means of notice transmission required 		pursuant to N.J.S.A. 10:4-18, the revised annual notice shall 	be posted on the Internet website or webpage of the Board 		and/or school district, or the entity responsible for appointing 	the members of the Board.
 
b.     	If the Board does not have its own website, the revised notice 	shall be provided on an official social media platform unless 	the Board does not have an Internet presence.
 
c.     	Unless otherwise prohibited by the declared emergency, the 	content of the electronic notice shall also be posted on the 		door of the main public entrance to the building where the 		public would routinely attend public meetings held by the 		Board.
 
(1)    	Notice must also be posted on the door for any designated and clearly delineated handicap accessible entrance.  These notices must be viewable from the outside. 
 
6.     	If a previously scheduled Board meeting was to allow public 		attendance without a public health-related restriction as to capacity, 	but the Board intends to hold the same meeting as a remote public 		meeting due to a declared emergency and the change is not reflected 	in a revised annual notice issued pursuant to E.5. above, the Board shall issue adequate and electronic notice for said meeting pursuant to E.1. and E.2. above as if the meeting were not included in the annual notice. 
 
7.     	At the commencement of every remote public meeting of the Board, 	the person presiding shall announce publicly, and shall cause to be 		entered in the minutes of the meeting, an accurate statement to the 		effect that: 
 
a.     	Both adequate and electronic notice of the meeting has been 	provided, specifying the time, place, and manner in which 		such notice was provided;
 
b.     	Only electronic notice of the meeting has been provided, 		specifying the time, place, and manner in which such notice 	was provided, and that discussion and effectuation of public 	business shall be limited to only those matters: 
 
(1)    	Necessary for the continuing operation of government and that relate to the applicable emergency declaration; or

 
(2)    	Requiring decision during the remote public meeting due to imminent time constraints; or 
 
c.     	That adequate notice and electronic notice was not provided, 	in which case such announcement shall state: 
 
(1)    	The reason(s) why the matter(s) discussed are of such urgency and importance, as contemplated pursuant to N.J.S.A. 10:4-9(b)(1), and the nature of the substantial harm to the public interest likely to result from a delay in the holding of the meeting; 
 
(2)    	That the remote public meeting will be limited to discussion of, and acting with respect to, such matters of urgency and importance;
 
(3)    	The time, place, and manner in which notice of the meeting was provided; and
 
(4)    	Either that the need for such meeting could not reasonably have been foreseen at a time when adequate notice and/or electronic notice could have been provided, in which event, such announcement shall specify the reason why such need could not reasonably have been foreseen; or that such need could reasonably have been foreseen at a time when adequate notice and/or electronic notice could have been provided, but such notice was not provided, in which event the announcement shall specify the reason why adequate notice and/or electronic notice was not provided. 
 
8.     	Where the Board is required by law to provide a meeting agenda, or 	otherwise provides a meeting agenda by practice at its regularly 		scheduled meetings, prior to the commencement of the remote public 	meeting, the Board shall also make a copy of the agenda available to 	the public for download through an Internet link appearing either on 	the meeting notice, or near the posting of the meeting notice on the 	website.
 
a.     	The notice shall also be posted at the building where the 		meeting would otherwise be held prior to the commencement 	of the remote public meeting.
 
F.     	Executive or Closed Session During Remote Public Meetings
 	1.     	A Board entering into an executive or closed session shall ensure that audio 		or video of the session cannot be accessed, except by those individuals that 		are participating in the session.
 
a.     	A separate non-public conference line or e-platform session 	may be employed for this purpose.
 
2.     	The secretary of the Board should take roll call with each individual 	affirmatively identifying themselves prior to commencing the closed 	session.
 
3.     	If a closed session is held through a telephonic conference call a 		separate call-in line should be made available to ensure 			confidentiality.
 
4.     	For closed sessions during remote public meetings held through 		video conferencing, audio recording should be muted and video 		recording blocked by a graphic labeled “Executive Session”.
 
5.     	As with in-person meetings, the Board shall have read into the 		record the reason(s) for entering into executive session.
 N.J.A.C. 5:39-1.1 et seq.
 
Adopted: