Council sets OPRA rules for closed-session minutes BY CHRISTINE VARNO Staff Writer LONG BRANCH - - The Long Branch council passed a measure last week that establishes the procedure for releasing the minutes of closed-session meetings to the public, although one councilman wanted more discussion on the issue. Councilman Brian Unger voted to table ordinance 26-07 at the July 10 council meeting after a resident asked the council to include additional guidelines in the new law. "I actually think we should table it and take a serious look at these items," said Unger, referring to the comments of Ocean Boulevard resident Michelle Bobrow. But council moved forward with the ordinance, voting 3 to 1, with Unger as the lone no vote. Councilmen Michael DeStefano and David Brown and Councilwoman Mary Jane Celli supported the ordinance; Councilman Anthony Giordano was absent from the meeting. Ordinance 26-07 establishes the procedure for the city clerk to respond to Open Public Records Act, or OPRA, requests as they relate to requests for closed-meeting minutes, according to the ordinance. The law will allow for the minutes from closed meetings to be released to the public upon the filing of an OPRA request form. Any matter that is ongoing and deemed confidential at the time or is in litigation will be redacted, according to the ordinance. Once the confidential matters and litigation are resolved, the minutes can be released in unredacted form at the request of a member of the public, according to the ordinance. "The Open Public Records Act did not give a procedure for making [executive session meeting minutes] available," City Attorney James Aaron explained at the meeting. "This ordinance supplements the ordinance that is presently on the books for presentation of open public requests," he said, adding, "Once a case is over, all deliberations, all discussions become available to the public." But Bobrow said she felt the city could take additional steps to create a more transparent government. During the public hearing on the ordinance, Bobrow suggested that several other guidelines be added to the law, including that the closed-session meetings be made available online. "I think the process puts the burden on the residents," Bobrow said. She additionally recommended that minutes from council and private meetings be available within two weeks of the date the meeting was held and that the council should semi-annually review all private-meeting minutes to see if redacted items are resolved and are now available to the public. "There should be a statement set forth for the reason of the redaction," Bobrow added. "This is not included in the ordinance you are presenting." Bill Nordahl, of Marine Terrace, agreed with Bobrow and went one step further suggesting that the city follow up on OPRA requests once redacted minutes become available. "Say someone has made an OPRA and it has been denied," Nordahl said. "I don't see a procedure that would reliably let the clerk's office know they could release it to me." But Aaron said he does not believe that what Nordahl is seeking exists in other municipalities. "I think you want to be able to make one request … when it becomes closed five years from now, the clerk should send you documents from the request five years ago," Aaron said. And Nordahl replied, "I don't think that is unreasonable." Another resident agreed with Nordahl. "If it becomes available later, isn't my request still alive?" Kevin Brown, Broadway, asked. Aaron said it would not be. This is not the first time Bobrow appeared before council to advocate for information discussed in private meetings be made more readily accessible to the public. At the March 13 municipal meeting, Bobrow presented council with a model resolution to bring Long Branch into compliance with laws covering executive-session minutes. She explained that both Roselle Park and Union Township have passed the resolution. The model resolution calls for the council to make the minutes of executive session meetings, which are held prior to the council meetings, available to the public, she explained. It also requires the council to set time limits for the release of redacted items as required by law. Aaron explained that the executive-session minutes are available at the city clerk's office and can be obtained by filing an OPRA form. Aaron also explained that several of the matters discussed in private sessions are ongoing matters in litigation and are not open to the public while in litigation.