Loading...
HomeMy WebLinkAbout0215 ELECTRONIC COMMUNICATIONS CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.15 SUBJECT: ELECTRONIC COMMUNICATIONS SECTION: CHAPTER TWO POLICY: ADOPTION OF POLICY REGARDING USE OF ELECTRONIC COMMUNICATIONS STATEMENT: Council Policy regarding use of electronic communications during public meetings. ADOPTION: Agenda Item No./Da te 9.f.; December 14, 2011 Approved by City Council Res. No. 121-11 Amended by City Council S`\COUNCIL\Policies\Policy statements12.15.doc a RESOLUTION NO. 12 .tt t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING COUNCIL POLICY REGARDING USE OF ELECTRONIC COMMUNICATIONS DURING PUBLIC MEETINGS. WHEREAS, the City Council inquired as to the legality and practicality of Councilmembers using electronic communications during public meetings; and WHEREAS, after extensive research by the City Attorney's office, it was found that the use of electronic communications during public meetings may violate the Brown Act, the California Public Records Act and the due process rights of citizens;and WHEREAS, as a result of such finding, the City Attorney's office proposed adoption of a policy regarding the use of electronic communications during public meetings; and WHEREAS, the Legislative and Litigation Committee has reviewed the proposed policy and is recommending its adoption; and WHEREAS, a resolution of the City Council is necessary to adopt Council policy regarding the use of electronic communications during public meetings. NOW,THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The Council finds and determines that the foregoing recitals are true and correct. 2. The attached Council Policy shall be adopted by the Bakersfield City Council as Policy Number—. gAKF S:\COUNCIL\Resos\11-12\E1ecCommPo4cy.docx =� -Page 1 of 2 Pages- o 0 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC 14 2m i by the following vote: COUNCILMEMBER SALAS,BENHAM,WEIR,COUCH,HANSON,SULLIVAN,JOHNSON NOES: COUNCILMEMBERju ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ®A �� Z& 'P11' ROBERTA GAFFORD, CANU CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC we By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ByC�2�UA JES EE TALLEY Ass Late City AftWey JT:isc >. S:\COUNCIL\Resos\71-12\EgcCoMMP0IICy.docx _� m —Page 2 of 2 Pages " a ORIGINAL COUNCIL POLICY POLICY NUMBER: SUBJECT: Use of Electronic Communftflons During Public Meetings EFFECTIVE DATE: PURWAL The purpose of this policy is to increase awareness of the legal risks and decorum associated with the use of electronic communications during public meetings by public officials, and to set forth appropriate restrictions on the use of electronic communication devices during public meetings. 2: This policy applies to every member of the City Council and those present during public meetings. DEFINITIONS: "Electronic communicationsm and "electronic means" Includes, but Is not limited to, information received or sent by emalls, texts, instant messages, chatrooms and telephone calls, "Official City business" means information regarding an Issue that is relevant to a matter within the purview of the City Council. P®RI 1; It is the policy of the City Council to prohibit the use of electronic communications during public meetings. This Includes, but Is not limited to, the following: A. Communications between Councilmembers via electronic means. B. Communications between Councilmembers and members of City staff via electronic means. o4�AK�9�, v c ORIGINAL C. Communications between Counclimembers and the public via electronic means. PART It. It Is the policy of the City Council to strongly discourage members of the public from communicating via electronic means during public meetings in order to elimlhate distractions, Interference with broadcasting and exposure to legal challenges, If a Counciimember receives an electronic communication related to Official City business during a public meeting, that Counciimember must provide the City Clerk with a copy of the electronic communication not already maintained by the City as soon as reasonably practicable. 1COL NCIL%PolldmkEWdroNcCorrxn.docx �gAKF A. 4+k-Po U n ORIGINAL