Beneath New Jersey’s Open Public Conferences Act (OPMA), a public company could talk about taking antagonistic motion in opposition to a public worker in a closed (government) assembly except the worker being mentioned workout routines his or her proper to have the dialogue performed in public.

To ensure that the worker to meaningfully train that proper, the general public company is required to provide well timed discover (ie a “Rice” discover, named after the 1977 case of Rice v. Union County Regional Excessive Faculty Board of Schooling) to any worker whose rights might be adversely affected by the meant personal dialogue.

In as we speak’s printed (and thus precedential) opinion, linked under, the Appellate Division held that tenured board of schooling staff, not like different public staff, are ruled by the extra restrictive Tenured Staff Listening to Legislation which requires all costs in opposition to them to be mentioned in personal .

Since a tenured worker has no proper to drive such discussions to a public assembly, the court docket reasoned, she or he likewise has no proper to a Rice discover.

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