Should Land Use Boards Meet in Person, or Continue to Hold Virtual Hearings?
Two attorneys offer arguments for and against returning to in-person hearings once the COVID-19 emergency is over.
June 23, 2021 at 12:00 PM
9 minute read
Land Use and PlanningIn this point-counterpoint article, the first author argues in favor of continuing to function remotely even when the COVID-19 emergency is over, and the second explains why he believes Land Use Boards should go back to conducting hearings in-person.
|Edward W. Purcell: Land Use Boards Should Continue Holding Virtual Hearings
Land Use Boards should continue holding virtual hearings after the COVID-19 emergency ends because virtual hearings comply with the New Jersey Open Public Meetings Act (OPMA), the Municipal Land Use Law's (MLUL) hearing requirements, the due process requirements of quasi-judicial hearings, and allow for greater public access to such hearings.
OPMA, by its very terms, envisions virtual hearings. The law defines a "meeting" as "any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all members of the public body …." N.J.S.A. 10:4-8. Furthermore, while the legislature provided additional authorizations for virtual hearings during the COVID-19 emergency, that legislation went out of its way to preserve that organic authority by providing that "this section shall not be construed to limit any authorization under law to perform the functions as specified herein irrespective of any emergency." N.J.S.A. 10:4-9.3(c). Finally, this independent authorization is acknowledged by the emergency meeting rules adopted by the Department of Community Affairs (DCA) which states that "nothing in these regulations prevents a local public body from holding a remote public meeting under such other circumstances as may be permitted by the [OPMA]." N.J.A.C. 5:39-1.1.
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