HomeMy WebLinkAboutRES NO 121-11i
RESOLUTION NO. 1 2 1 1
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 2.15
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Page 1 of 2 Pages
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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 7nii , by the following vote:
D COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER 0A-e7
ABSENT: COUNCILMEMBER O A
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC -1 4 p61j
By
HARVE
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By~
JES EE TALLEY
Ass iate City At ey
JT:Isc
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COUNCIL POLICY
POLICY NUMBER:
SUBJECT: Use of Electronic Communications During Public Meetings
EFFECTIVE DATE:
PURPOSE:
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.
SCOPE:
This policy applies to every member of the City Council and those present during
public meetings.
DEFINITIONS:
"Electronic communications" and "electronic means" includes, but is not limited
to, information received or sent by emails, 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.
PART I:
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. o~~AKFgs
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C. Communications between Councilmembers and the public via electronic
means.
PART II:
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
eliminate distractions, interference with broadcasting and exposure to legal
challenges.
RETENTION:
If a Councilmember receives an electronic communication related to Official
City business during a public meeting, that Councilmember must provide the
City Clerk with a copy of the electronic communication not already maintained
by the City as soon as reasonably practicable.
S: \ COUNCI L\ PoIlcles \ ElectronlcComm.docx
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ORIGINAL