Since I have some experience with the Open Public Meetings Act in NJ (OPMA) and have litigating issues stemming from same, I want to share some information that you might consider useful in ruling out any imminent news of Schiano being (officially) hired and tempering expectations a bit related to timing.
For the sake of this post, I am accepting the notion that the Board of Governors (BOG) must take some official action before the new head coach can be hired. I did not find the source of that requirement, but it sounds kind of obvious, especially in light Schiano's demands for further facilities commitment, so let's roll with that assumption.
BOG Bylaws - Under the Bylaws, it must hold at least six regular meetings per year. Notice of those meetings must comply with the OPMA, under which "Adequate Notice" is required. For regular meetings, Adequate Notice is usually effectuated at the beginning of the year, during a so-called "reorganization meeting," during which a resolution of the regular meeting dates for the upcoming year is adopted. Then, notice of same must be: (1) prominently posted in at least one public place reserved for such announcements, (2) transmitted to two newspapers in time for publication 48-hours in advance of the meeting, (3) filed with appropriate Municipal or County Clerk or the Secretary of State if the public body has statewide authority, and (4) mailed to any person upon request.
The next regular meeting date is Tuesday, December 17, 2019.
Obviously BOG action will have to come sooner than that, if any of the reports are even remotely true.
The BOG Bylaws also provides for Special Meetings. Special meetings may be called either at the Chair's own discretion, or at the request of three voting members upon receipt of notice from them stating the purpose of the meeting. Of course, any special meeting must also be held upon Adequate Notice under the OPMA, which requires, among other things, notice be:
"mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body."
Note: The above requirement DOES NOT mean that notice must be published in the newspaper, although many feel that it is proper to do so for the sake of exercising an abundance of caution. I have searched all public notices that have been published and there have been none concerning the Rutgers Board of Governors for the purpose of considering any athletics matters. Moreover, had notice been transmitted (but not published) to at least two newspapers as required, we would have been sure to learn of it through their reporting by now.
Based on the above, this suggests no Adequate Notice has yet to be given of any special meeting, and therefore the very earliest that a special meeting can be held is Monday, only if Adequate Notice is effectuated by tomorrow. If that were the case, we will be hearing all about it through the newspapers. In other words, do not believe any "insider" or "sources" or "Subway foot long" who claims knowledge of an imminent announcement unless the above has first occurred.
For the sake of this post, I am accepting the notion that the Board of Governors (BOG) must take some official action before the new head coach can be hired. I did not find the source of that requirement, but it sounds kind of obvious, especially in light Schiano's demands for further facilities commitment, so let's roll with that assumption.
BOG Bylaws - Under the Bylaws, it must hold at least six regular meetings per year. Notice of those meetings must comply with the OPMA, under which "Adequate Notice" is required. For regular meetings, Adequate Notice is usually effectuated at the beginning of the year, during a so-called "reorganization meeting," during which a resolution of the regular meeting dates for the upcoming year is adopted. Then, notice of same must be: (1) prominently posted in at least one public place reserved for such announcements, (2) transmitted to two newspapers in time for publication 48-hours in advance of the meeting, (3) filed with appropriate Municipal or County Clerk or the Secretary of State if the public body has statewide authority, and (4) mailed to any person upon request.
The next regular meeting date is Tuesday, December 17, 2019.
Obviously BOG action will have to come sooner than that, if any of the reports are even remotely true.
The BOG Bylaws also provides for Special Meetings. Special meetings may be called either at the Chair's own discretion, or at the request of three voting members upon receipt of notice from them stating the purpose of the meeting. Of course, any special meeting must also be held upon Adequate Notice under the OPMA, which requires, among other things, notice be:
"mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body."
Note: The above requirement DOES NOT mean that notice must be published in the newspaper, although many feel that it is proper to do so for the sake of exercising an abundance of caution. I have searched all public notices that have been published and there have been none concerning the Rutgers Board of Governors for the purpose of considering any athletics matters. Moreover, had notice been transmitted (but not published) to at least two newspapers as required, we would have been sure to learn of it through their reporting by now.
Based on the above, this suggests no Adequate Notice has yet to be given of any special meeting, and therefore the very earliest that a special meeting can be held is Monday, only if Adequate Notice is effectuated by tomorrow. If that were the case, we will be hearing all about it through the newspapers. In other words, do not believe any "insider" or "sources" or "Subway foot long" who claims knowledge of an imminent announcement unless the above has first occurred.
