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HomeMy WebLinkAbout10/24/2011 City Council Members: Rhonda Smiley, Assistant to the City Manager Sue Benham, Chair Jacquie Sullivan Rudy Salas AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday, October 24, 2011 - 12:00 p.m. City Hall North First Floor – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:00 PM. 1. ROLL CALL Present: Councilmember Sue Benham, Chair Councilmember Jacquie Sullivan Councilmember Rudy Salas Staff Present: Rhonda Smiley, Asst. to the City Manager Ginny Gennaro, City Attorney Chris Huot, Administrative Analyst Jessalee Talley, Associate Attorney Roberta Gafford, City Clerk Andrew Heglund, Associate Attorney Nelson Smith, Finance Director Greg Williamson, Chief of Police 2. ADOPT JUNE 20, 2011 AGENDA SUMMARY REPORT Adopted as submitted 3. PUBLIC STATEMENTS None Legislative and Litigation Committee Agenda Summary Report October 24, 2011 Page 2 4. NEW BUSINESS A. Discussion Regarding Possible Adoption of a Council Policy Governing Electronic Communication during Public Meetings – Gennaro City Attorney Ginny Gennaro stated Mayor Hall requested staff prepare information regarding the usage of electronic devices, such as cell phones, smart phones, laptops, and ipads, during Council and Committee meetings, including functions such as texting, instant messaging, tweeting, and e-mailing. This policy pertains to using electronic devices and their functions to communicate with colleagues, individuals at any public meeting, and with individuals not present at the meeting. Public officials using electronic devices, including those previously mentioned, to discuss a topic related to Government business during a public meeting, may be in violation of the Brown Act, which states public business needs to be conducted in public. Such use may expose the City to potential litigation. This includes devices paid for personally by the public official and any device provided by the city or government agency to the public official. City Attorney Gennaro provided the following three hypothetical examples: 1) A Councilmember uses an electronic device to communicate with another Councilmember while sitting at the dais, with the public unaware. This could result in formulating an opinion among the majority of the Council without the public knowing about it and would be in violation of the Brown Act. 2) Any communication through electronic devices regarding an item not posted on an agenda 72 hours prior to a public meeting violates the Brown Act, because others cannot participate, hear, or see members of the Legislative Body doing so. 3) Communication through electronic devices during a Public Hearing violates the requesting party’s due process rights, as members of the Government body can appear distracted and, could be receiving influential information not available at the meeting from colleagues, individuals at the meeting, or others not present at the meeting. Such actions could render the government body’s final decision invalid. City Attorney Gennaro stated several cities in the State of California, including the City of Huntington Beach, San Jose, Gilroy, Saratoga, and Portola Valley have created electronic communication policies, all of which were all reviewed by staff. She also stated that staff has compiled a draft policy for the Committee’s consideration. Committee Chair Sue Benham thanked staff for the presentation and thorough work on creating a very simple and straightforward policy. Committee member Jacquie Sullivan agreed with Committee Chair Benham. Committee member Rudy Salas asked if Policy #1 of the proposed Council policy prohibited electronic communication between Councilmembers and members of the public regarding any item on a public agenda. Legislative and Litigation Committee Agenda Summary Report October 24, 2011 Page 3 City Attorney Gennaro clarified that the policy would prohibit the use of all electronic communication during a public meeting. In case of an emergency during a public meeting, the Councilmember would excuse him or herself from the dais to the lobby to address the emergency. During a public hearing, Council would need to adjourn the hearing. Committee member Salas asked if this would require the electronic device be turned off all together. City Attorney Gennaro stated that, depending on the policy, the electronic device can be turned to silent and, in an event of an emergency, the individual would excuse themselves from the dais. Committee member Salas asked if the policy would also prohibit electronic devices used to take notes to refer to later or to review previous conversations regarding a certain item. City Attorney Gennaro stated the current draft policy would prohibit this kind of action, unless the individual would provide a copy of what he or she may be reviewing to the Clerk for public access to such information. In the event of records request for such information, the individual would need to provide it. If that individual refused or didn’t have the information to provide, the City would be liable for the violation, not the individual. Committee member Salas also asked if tweets or e-mails are received during a public meeting, if it would it be necessary to print and provide them to the Clerk for retention, as well. City Attorney Gennaro stated that with the current draft policy, such a situation would not happen, because all electronic devices would be turned off. However, in a hypothetical situation, the person receiving an e-mail or tweet, would need to interrupt the conversation taking place and disclose they have received such an item and then print and provide it to the Clerk. Committee member Jacquie Sullivan made a motion to have the full Council review the draft policy governing electronic communication during public meetings for consideration. The motion was unanimously approved. 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 12:24 cc: Honorable Mayor and City Council