Recording Berkeley Heights Public Meetings

Why can't everyone record public meetings?

Over the past few months I have been broadcasting the Berkeley Heights Town Council and the Downtown Beautification and Communications Committee meetings. I have been doing this because people have mentioned that they were unable to regularly attend these meetings but were curious about what is going on around town.

For these broadcasts I have been using my cell phone and a small travel tripod at my seat and simply broadcasting to Facebook Live. It has allowed many people to see what is going on in these town council meetings. I usually have around 30-40 viewers when I broadcast which is more than the number of people in attendance at the actual meetings.

It is our common law right as NJ residents to record our public meetings and in the case with Berkeley Heights it is the most efficient way to provide the residents with this information. In Tarus v. Pine Hill, 189 N.J. 497 (2007), the New Jersey Supreme Court affirmed the common law right of individuals to videotape with reasonable restrictions.

Without these broadcasts there are a few issues:

• Our town, Berkeley Heights, does not consistently record/publish town council or other meetings. Town council published 8 out of 17 this year.
• The meetings they do record are recently made available more than a week after the fact. The June 28th a month later.
• Minutes of the town council meetings and commission meetings lack detail, including discussions with and answers by the council.
• Town council and commission members have protested at the presence of cameras or recording devices.

An ordinance has been proposed which will severely restrict recordings and photography by residents. This ordinance which will be introduced on Tues Sept 20th, 2016 to significantly reduce the public’s ability to record the meeting.

While exceptions are made for the press, I believe the restrictions in the ordinance are not reasonable: The ordinance appears to be designed to control who gets to record what and which answers make it out to the public. The restrictions may result in the recording of little useful material because of requirements like: recording from behind the last row, camera has to be manned and cannot be moved, no audio input feed, only 2 people will be granted permission to record, request are to be submitted 24hrs in advance and given out on a first come first served basis.

Recordings would not be able to be used to correct the official record. In addition, there is a strange part of the ordinance that asks that the original copy be handed over to the town and to be returned up to 5 days later.

It is important that we press for Open Government so the people can make correct decisions and participate more freely.

Here is the entire text of the proposed ordinance:

TOWNSHIP OF BERKELEY HEIGHTS, UNION COUNTY
ORDINANCE No.

An Ordinance of the Township of Berkeley Heights, County of Union, State of New Jersey, Amending, Revising and Supplementing Various Sections of Title 1 entitled "General Provisions" of The Code of the Township of Berkeley Heights to create new Chapter 1.06 to be entitled "Recording of Public Meetings" to establish guidelines for the recording of public meetings.
BE IT ORDAINED by the Township Council of the Township of Berkeley Heights County of Union, State of New Jersey, as follows:
Section 1. Title 1 entitled "General Provisions" of The Code of the Township Of Berkeley Heights is hereby supplemented and amended to create and establish a new Chapter
1.06 to be entitled "Recording of Public Meetings" to read as follows:

Chapter 1.06 RECORDING OF PUBLIC MEETINGS
Sections:
1.06.010 - Purpose.
1.06.020 - Definitions.
1.06.030 - Video Recording and Still Photography of Public Meetings
1.06.040 - Audio Recording of Public Meetings.
1.06.050 - Prohibitions.
1.06.060 - Exemptions.
1.06.070 - Duplication of Recordings and Photographs.

1.06.010 - Purpose.
The Mayor and Council of the Township of Berkeley Heights recognizes the public's right in photographing, video recording and audio recording of public meetings of the Township as recognized by the New Jersey Courts in Maurice River Township Board of Education v Maurice River Township Teachers Ass'n. 187 N.J. Super. 566 (Ch. Div. 1982), affd, 193 NJ Super. 488 (App. Div. 1984); and Tarus v. Borough of Pine Hill. 189 NJ, 497 (2007), and wan to protect such rights. While protecting the public's right, the Mayor and Council of thé
Township of Berkeley Heights desire to ensure the unfettered administration and conduct of public meetings and to minimize interference with the governmental administration of such public meetings while still protecting the public's right to record such meetings.
1.06.020 - Definition.
As used in this Chapter, terms shall have the meaning as indicated and defined within the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
1.06.030 - Video Recording and Still Photography of Public Meetings.
A. Equipment and Personnel.
1. Not more than two (2) video recording devices, operated by no more than one person each, shall be permitted at any public meeting.
2. Not more than two (2) still photographers shall be permitted at any public meeting.
3. This ordinance shall also, to the extent applicable, include cell phone video recording.
4. All video recording and photography equipment must be operated by a person at all times, and may not be left unattended.
B. Sound and light criteria.
1. Only video recording devices and audio equipment used in conjunction with the video recording devices which does not produce distracting sound or light shall be employed to cover public meetings within the Township.
2. Only photography camera equipment which does not produce distracting sound or light shall be employed to cover public meetings within the Township
3. No artificial lighting device of any kind shall be employed in connection with the use of video recording devices or photography cameras.
C. Notice.
1. Notice shall be given to the Municipal Clerk prior to the close of the last business day preceding the day of the public meeting for which an individual is seeking permission to video record or photograph public meetings.
2. Permission to video record or photograph a public meeting shall be granted by the Municipal Clerk on a first come, first served basis, subject to compliance with the provisions contained in these guidelines.
D. Location of equipment and personnel.
1. Video recording devices shall be placed in the rear of the meeting room behind the last row of chairs. The person video recording the public meeting shall not move about the meeting room while the public meeting is in session. It is the responsibility of the video recording device operator to ensure that the video recording device is operated in a safe manner and does not create an unsafe or hazardous environment by blocking pedestrian traffic in areas within the public meeting room.
2. Still photographers shall be positioned in the rear of the meeting room behind the last row of chairs. Still photographers shall assume fixed positions within the designated areas and once the photographers are positioned, such photographers shall not be permitted to move about in any way to attract attention through further movement.
3. Video recording and related audio equipment and still camera equipment shall not be placed in or removed from the meeting room except upon the commencement and after adjournment of the public meeting or during a recess.
1.06.040 - Audio Recording of Public Meetings.
In addition to photography and video tape recording of public meetings, an individual may audio record a public meeting subject to the following conditions:
A. Notice shall be given to the Municipal Clerk prior to the close of last business day preceding the meeting for which the individual is seeking permission to audio recording.
B. The recording device shall be unobtrusive, limited to hand-held size such as mini-cassette or standard portable cassette recorder or cell phones. It shall be placed in an appropriate position and may not be moved in any way as to attract attention.
C. The audio recording device shall not produce distracting sound, either from the equipment or its operation. The recording may not be played back while the meeting is in session.
1.06.050 - Prohibitions.
A. Meetings or portions of meetings which are permitted by law to be closed to the public shall not be video recorded, photographed or audio recorded.
B. In order to comply with and protect the attorney/client privilege, there shall be no audio recording or video recording of conferences which occur at an executive session or in a public facility between the attorney representing the Township and/or one of the Township's public bodies and any member of the Township Council, member of the public body, the Municipal Clerk, the Municipal Administrator, or any other officer or employee of the Township of Berkeley Heights.
C. No recording, whether audio or video, may be used in any Court proceeding, nor may same be used to contest the accuracy of an official record of the public meeting. The recordings may not be represented as an official transcript in any manner and/or for any purpose.
1.06.060 - Exemptions.
A. Any recording by or on behalf of the Township or any of its boards, commissions, committees, agencies or employees shall be exempt from the requirements and regulations of this Chapter.
B. Any recording by a member of the press, having the required credentials presented to and accepted by the Municipal Clerk prior to the public meeting. After having accepted the credentials of a member of the press for a public meeting, at the Township's discretion, it may waive such requirement for other public meetings of the Township.
B. Ceremonial proceedings. Any recording of ceremonial proceedings, such as proclamations and swearing-in ceremonies, involving the Mayor and Council or other public body during a public meeting or otherwise shall be exempt from these requirements and regulations of this Chapter.
C. Recordings at municipal court hearings shall be governed by the N.J. Supreme Court policy and guidelines.
1.06.070 - Duplication of Recordings and Photographs.
A. Prior to, or within twenty-four (24) hours of the public meeting, the Municipal Clerk or Administrator may request the original video recording, audio recording or photograph taken I at a public meeting for the purpose of duplication. If such request is made, the original video recording, audio recording or photograph shall be immediately provided to the Municipal Clerk so that the Township may make a duplicate of same. The original shall be returned to the individual producing the same within five (5) business days.
B. The individual who made the recording or photograph shall maintain the original video recording, audio recording or photograph for a period of one year from the date of the public meeting.
Section 2. The provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to that the portion of the Ordinance actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.
Section 3. All other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 4. This Ordinance shall be presented to the Mayor for his approval and signature, which approval shall be granted or denied within ten (10) days of receipt of same, pursuant to N.J.S.A. 40:69A-149.7. If the Mayor fails to return this Ordinance with either his approval or objection to same within ten (10) days after it has been presented to him, then this Ordinance shall be deemed approved.
Section 5. This Ordinance shall not take effect until after final passage, approval by the Mayor pursuant to N.J.S.A. 40:69A-149.7, and publication in accordance with all applicable laws and statutes.

Source (page 48 onwards) : http://www.berkeleyheightstwp.com/admin_PDFs/Agendas/2016%20Meeting%20Agenda/09-20-16%20Public%20Meeting%20Agenda%20(53%20pgs).pdf

-Edmund Tom Maciejewski http://tomfortown.com