TITLE:
Receive Report and Consider Approving the City Council Policy Governing the Use of Electronic Devices During City Council and Other Public Meetings ISSUE:
The ubiquitous use and popularity of electronic communications have changed the way people interact with each other, including with public officials during public meetings. Thanks to technology, residents and public officials can now have private access to public officials during meetings when a vote is being taken.
The continued expansion of e-communications has resulted in text and email communications during City Council and Planning Commission meetings, including intrusion during closed session discussions. These communications undermine the spirit of transparency during government proceedings, as well as potentially violate the Brown Act. A policy addressing the use of electronic devices for text messaging or e-mail messaging during its meetings is necessary to support transparency during public meetings where official actions take place.
ANALYSIS:
When e-communications happen during open public meetings, it undermines the integrity of the meeting since not all participants are hearing the same information. Furthermore, under the Public Records Act, public records include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” (Govt. Code 6252(e)) and are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. This definition would include messages sent or received by public officials from electronic devices, including City Councilmembers, Planning Commissioners, and any other public official or City employee.
This Policy will address electronic communications between the following persons:
Councilmembers or Planning Commissioners sending messages between themselves; Staff communicating between themselves or with Councilmembers or Planning Commissioners; Members of the public communicating with City Councilmembers, Planning Commissioners, or staff.
So that the public has the full and undivided attention of Councilmembers and Planning Commissioners during public meetings subject to the provisions of the Brown Act, all cell phones will be turned off. There shall be no electronic communication or any other similar platform for information gathering during City Council, Planning Commission, or other public meetings, including closed session meetings.
For emergency purposes, there will be a landline available to communicate with Councilmembers and Planning Commissioners should an emergency arise.
At the end of every public meeting, Councilmembers or Planning Commissioners who receive individual e-communications such as texts or emails from the public shall forward the individual e-communication to the City Clerk for distribution.
This policy will ensure that Councilmembers and Planning Commissioners are not violating the Brown Act, ensuring that their communications do not violate the due process and fair hearing rights of parties or applications to quasi-judicial proceedings.
RECOMMENDED ACTION:
Approve the City of Fort Bragg Policy Use of Electronic Devices During City Council and other Public Meetings.
ALTERNATIVE ACTION(S):
Provide alternative direction to staff regarding policy.
FISCAL IMPACT:
None.
GREENHOUSE GAS EMISSIONS IMPACT:
None.
CONSISTENCY:
None.
IMPLEMENTATION/TIMEFRAMES:
None.
ATTACHMENTS:
Use of Electronic Devices during City Council and other Public Meetings.
NOTIFICATION:
“Notify Me” subscriber list.
AGENDA ITEM NO. 8B
AGENCY: City Council MEETING DATE: November 28, 2022DEPARTMENT: Administration PRESENTED BY: C. MunozEMAIL ADDRESS: [email protected]: City Council MEETING DATE: November 28, 2022DEPARTMENT: Administration PRESENTED BY: C. MunozEMAIL ADDRESS: [email protected] AGENCY: City Council
MEETING DATE: November 28, 2022
DEPARTMENT: Administration
PRESENTED BY: C. Munoz
EMAIL ADDRESS: [email protected]
AGENCY: City Council
MEETING DATE: November 28, 2022
DEPARTMENT: Administration
PRESENTED BY: C. Munoz
EMAIL ADDRESS: [email protected]
AGENDA ITEM SUMMARY