Bill Text: NJ S3121 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies the effect of abstention by a member of a public body.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3121 Detail]
Download: New_Jersey-2010-S3121-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Clarifies the effect of abstention by a member of a public body.
CURRENT VERSION OF TEXT
As introduced.
An Act clarifying that an abstention by a member of a public body does not signify either a "yes" or a "no" vote, and supplementing P.L.1975, c.231.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any other rules to the contrary in effect for the conduct of a meeting that is subject to the requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), when a member of a public body is attending a meeting, but abstains or fails to vote on a matter before the public body, the following provisions shall apply: the member shall not be counted as voting either for or against the matter; if the member is legally entitled to vote and has not recused him or herself from consideration of the matter, the member shall be deemed present for the purpose of determining whether there is a quorum of the public body to consider the matter; and if the member is not legally entitled to vote because of conflict of interest or otherwise, or has recused him or herself from consideration of the matter, the member shall not be counted as present for the purpose of determining whether there is a quorum of the public body to consider the matter.
2. This act shall take effect immediately, and shall be applicable to votes taken by public bodies after the effective date.
STATEMENT
This bill clarifies that an abstention by a member of a public body does not signify either a "yes" or a "no" vote.
Currently, under New Jersey common law, there are circumstances where abstention is interpreted as either a "yes" or a "no" vote. Under this bill, however, when a member of a public body attends a meeting, but abstains, or otherwise fails to vote on a matter, the member will not be counted as voting either for or against the matter. Furthermore, when the abstaining member is legally entitled to vote, and has not recused himself from consideration of the matter, the member will be considered present for determining the existence of a quorum. The abstaining member will not be viewed as present for quorum determination if he has recused himself from consideration on the matter, or if he is not legally entitled to vote due to a conflict of interest or another reason.
This bill effectuates the recommendations of the New Jersey Law Revision Commission's final report relating to the effect of abstentions.
