TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, October 11, 2023
7:00 P.M.
Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
HYBRID MEETING
HISTORIC SCHOOLHOUSE- 765 Portola Road, Portola Valley, CA 94028 Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record. Additionally, technology permitting, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. Phone callers may provide comments by pressing *9 on their phone to "raise your hand" and *6 to mute/unmute themselves. The meeting Chair will call on people to speak by the phone number calling in. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation.
Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851- 1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
1. CALL TO ORDER- REGULAR SESSION
2. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items not on the agenda. Each speaker’s time is limited to three minutes.
3. CONSENT AGENDA
a. Approval of Minutes - Regular Meeting Minutes of September 27, 2023 b. Approval of Warrant List- 10/11/2023
c. Appointment to Parks and Recreation Committee to fill unscheduled vacancy
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Town of Portola Valley – Council Agenda
October 11, 2023
4. REGULAR AGENDA-PUBLIC HEARING
a. Electronic Communications Policy Update
5. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.
6. TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.
7. ADJOURNMENT
The next Regular Town Council meeting will be held on October 25, 2023, at 7:00 p.m. ***************************************************************************************************************** Land Acknowledgement: The Town of Portola Valley acknowledges the colonial history of this land we dwell upon the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK-mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair.
TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, September 27, 2023
7:00 P.M.
Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
1. CALL TO ORDER 7:01 PM
Present: Mayor Aalfs, Councilmembers Hufty and Taylor
Absent: Vice Mayor Wernikoff and Councilmember Hasko
2. ORAL COMMUNICATIONS
The following spoke during oral communications:
• Chief Tom Cuschieri, Woodside Fire Protection District • Rita Comes
• Kristi Corley
3. CONSENT AGENDA
The following spoke during public comment:
• Rita Comes
Councilmember Hufty pulled item 3 a. for a correction to the minutes. Requested a change to the ad-hoc committee name noted in section 4 d. from “Town Manager” to “Hawthorns” committee and make a correction to the members listed, removing Paul Heiple and replacing him with Catherine Magill Councilmember Hufty pulled item 3 d. for further discussion Mayor Aalfs requested a motion to approve Items 3 b. and 3 c. b. Approval of Warrant List- 9/27/2023
c. Approval of Grand Jury Response for Bike Safety in San Mateo County Councilmember Taylor made a motion, seconded by Councilmember Hufty, to approve item 3 b. and 3 c. on the consent agenda. The motion passed by the following vote:
Ayes: Mayor Aalfs, Councilmembers Hufty and Taylor
Nays: None
a. Approval of Minutes - Regular Meeting Minutes of September 13, 2023 Councilmember Hufty made a motion, seconded by Councilmember Taylor, to approve item 3 a. on the Consent Agenda as corrected. The motion followed by the following vote:
Ayes: Mayor Aalfs, Councilmembers Hufty and Taylor
Nays: None
d. Appoint Ad-Hoc Housing Element Post-Adoption Plan Subcommittee
Minutes of the September 27, 2023, Regular Town Council Meeting
Councilmember Taylor made a motion, seconded by Councilmember Hufty, to approve item 3 d. on the Consent Agenda. The motion followed by the following vote:
Ayes: Mayor Aalfs, Councilmembers Hufty and Taylor
Nays: None
4. REGULAR AGENDA-PUBLIC HEARING
a. Adoption of Resolution Approving and Authorizing Execution of Farmers’ Market License Agreement
Councilmember Hufty made a motion, seconded by Councilmember Taylor, to approve item 4 a. on the Regular Agenda. The motion followed by the following vote:
Ayes: Mayor Aalfs, Councilmembers Hufty and Taylor
Nays: None
The following spoke during public comment:
• Rita Comes
• Kristi Corley
5. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.
The following spoke during public comment:
• Danna Breen
• Rita Comes
• Mary & Rob Jack
• Kristi Corley
6. INTERIM TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.
7. ADJOURNMENT
At 8:11 PM, the Mayor adjourned the September 27, 2023 meeting. The next Regular Town Council meeting will be held on October 11, 2023, at 7:00 p.m.
apachreg Town of Portola Valley sahmad 10/05/2023 13:52 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3513 41 AT&T 55.70 10/05/233514 80 CALPERS 7,814.08 10/05/23 EFTPS3515 135 CSG CONSULTANTS INC 16,865.00 10/05/233516 167 ECS IMAGING 12,617.70 10/05/233517 195 GOOD CITY COMPANY 37,418.75 10/05/233518 213 HILLYARD INC 931.13 10/05/233519 218 MISSIONSQUARE RETIREMENT 17,494.00 10/05/233520 275 KRUPKA CONSULTING 1,225.00 10/05/233521 295 LYNX TECHNOLOGIES INC 675.00 10/05/233522 324 MIRANDAS LANDSCAPE 4,104.00 10/05/233523 364 PERS HEALTH 20,663.67 10/05/233524 374 PLAN JPA 10,839.50 10/05/233525 375 PLATINUM FACILITY SERVICES 5,384.69 10/05/233526 376 PORTOLA VALLEY HARDWARE 1,469.35 10/05/233527 429 SHELLY SWEENEY 1,576.00 10/05/233528 447 STAPLES CREDIT PLAN 1,111.30 10/05/233529 452 STUART RENTAL COMPANY 2,996.37 10/05/233530 518 GOT GOPHERS? 1,050.00 10/05/233531 553 COUNTY OF SAN MATEO-PSC 13,570.00 10/05/233532 642 CYBERTARY.COM 247.90 10/05/233533 690 CRUZ STRATEGIES 625.00 10/05/233534 730 URBAN PLANNING PARTNERS INC 2,451.25 10/05/233535 914 UNITED MECHANICAL INC 3,643.00 10/05/233536 946 JARVIS FAY LLP 1,938.00 10/05/233537 949 PORTER CAPITAL CORPORATION 49.50 10/05/233538 1016 SHUTE, MIHALY & WEINBERGER LLP 7,608.50 10/05/23Check totals: 166,610.31ACH totals:EFTPS totals: 7,814.08Wire transfer totals:Payment Manager totals:GRAND TOTALS 174,424.39Check totals: 166,610.31ACH totals:EFTPS totals: 7,814.08Wire transfer totals:Payment Manager totals:GRAND TOTALS 174,424.39
.
apapdinv2 sahmad Town of Portola Valley Page 1
13:56 10/05/23 Paid Invoices by Date
From: 10/05/2023 to 10/11/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 41 AT&T
10/05/23 3513 August Statement 55.70 55.70 000020488401 Vendor: 80 CALPERS
3514 September Unfunded Liability 7,814.08 7,814.08 100000017276694 Vendor: 135 CSG CONSULTANTS INC
3515 July Code Enforcement, Bldg Svcs, Stormwater C4 Inspection 16,865.00 2,016.00 52988 July Code Enforcement, Bldg Svcs, Stormwater C4 Inspection 2,268.00 52817July Code Enforcement, Bldg Svcs, Stormwater C4 Inspection 12,581.00 52853 Vendor: 167 ECS IMAGING
3516 Scanning and Planning 12,617.70 5,760.10 18063
Scanning and Planning 6,857.60 17930
Vendor: 195 GOOD CITY COMPANY
3517 Planning Consultant Services - August 2023 37,418.75 37,418.75 3272 Vendor: 213 HILLYARD INC
3518 Janitorial Supplies 931.13 931.13 605248104
Vendor: 218 MISSIONSQUARE RETIREMENT
3519 Defer Comp, July - Sept 23 17,494.00 17,494.00 Q1_2024 Vendor: 275 KRUPKA CONSULTING
3520 On-Call Traffic & Transportation - April 2023 1,225.00 1,225.00 1360 Vendor: 295 LYNX TECHNOLOGIES INC
3521 GIS Professional Services in September 675.00 675.00 10001 Vendor: 324 MIRANDAS LANDSCAPE
3522 August Landscape Maintenance Services 4,104.00 4,104.00 3375 Vendor: 364 PERS HEALTH
3523 October Health 20,663.67 20,663.67 100000017294265 Vendor: 374 PLAN JPA
3524 General Liability Claims-June 2023 10,839.50 1,198.50 PLAN-2023-0281 General Liability Claims-August 2023 9,641.00 PLAN-2024-0044 Vendor: 375 PLATINUM FACILITY SERVICES
3525 Janitorial Services - Aug 2023. Fridays disinfection svcs 5,384.69 448.01 47106 Janitorial Services - September 2023 4,488.67 47282Janitorial Services - Sept 2023. Fridays disinfection svcs 448.01 47283
.
apapdinv2 sahmad Town of Portola Valley Page 2
13:56 10/05/23 Paid Invoices by Date
From: 10/05/2023 to 10/11/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 376 PORTOLA VALLEY HARDWARE
3526 April Statement 1,469.35 517.13 193-APRIL23
March Statement 556.96 193-MARCH23July Statement 197.63 193-JULY23August Statement 197.63 193-AUGUST23 Vendor: 429 SHELLY SWEENEY
3527 Summer 2023 Classes 1,576.00 1,576.00 SUMMER-2023
Vendor: 447 STAPLES CREDIT PLAN
3528 April through September Statement 1,111.30 1,111.30 2814APR-SEPT 23 Vendor: 452 STUART RENTAL COMPANY
3529 Town Picnic Equip Rentals, Deposit 2,996.37 2,996.37 218427 Vendor: 518 GOT GOPHERS?
3530 Town Fields Gopher Trapping- September 2023 1,050.00 1,050.00 52323 Vendor: 553 COUNTY OF SAN MATEO-PSC
3531 Participation in the FY2023-2024 13,570.00 13,570.00 FYFY23-24_DUES Vendor: 642 CYBERTARY.COM
3532 August Transcription Services 247.90 247.90 4742
Vendor: 690 CRUZ STRATEGIES
3533 Government Relations Work - September 2023 625.00 625.00 2868 Vendor: 730 URBAN PLANNING PARTNERS INC
3534 PV Housing Element Update- July 2,451.25 2,451.25 21029-230731 Vendor: 914 UNITED MECHANICAL INC
3535 Community Hall HVAC Repair 3,643.00 3,643.00 82058 Vendor: 946 JARVIS FAY LLP
3536 Legal Services - Housing Element August 1,938.00 1,938.00 17972 Vendor: 949 PORTER CAPITAL CORPORATION
3537 Temp Service, Michelle Magahiz 9/25/23-10/01/23 49.50 49.50 7288 Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
3538 July Legal Service 7,608.50 1,281.00 282657
July Legal Service 4,967.50 282658July Legal Service 1,360.00 282656
.
apapdinv2 sahmad Town of Portola Valley Page 3
13:56 10/05/23 Paid Invoices by Date
From: 10/05/2023 to 10/11/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Check Date Totals 174,424.39
Grand Total 174,424.39
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
October 11, 2023
Claims totaling $174,424.39 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date _____________________________ ________________________________ Sharif Etman, Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.
Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Jennifer Torres, Town Clerk Mayor
Approved by: Sharif Etman, Town Manager
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jennifer Torres, Town Clerk
DATE: October 11, 2023
RE: Appointment to Parks and Recreation Committee
RECOMMENDATION:
Town Council appointment of a new member to the Parks and Recreation Committee to fill an unscheduled vacancy.
BACKGROUND:
Only one member application was received and is included as Attachment 1. The appointee will complete the term of appointment, concluding at the end of 2024.
FISCAL IMPACT:
None
ATTACHMENT:
Member Application
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
ATTACHMENT 1 Page 11 of 24
ATTACHMENT 1 Page 12 of 24
Approved by Sharif Etman, Town Manager
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Interim Town Attorney
DATE: October 11, 2023
RE: Updated Electronic Communications Policy
RECOMMENDED ACTION:
Adopt an Updated Electronic Communications Policy.
BACKGROUND:
Technology has significantly expanded opportunities to enhance communication, efficiency, and productivity. Members of the Town Council, as well as Town Commissions and Committees, routinely use electronic media in order to improve communication and efficiently perform their Town duties.
On July 12, 2023, the Council held a study session to consider a potential electronic communications policy to help ensure that the use of electronic media by members of the Town Council, Commissions, and Committees complies with applicable law, including the Public Records Act (PRA) and the Brown Act. The Council received information regarding AB 992, which provides that officials subject to the Brown Act may not respond directly to any social media communication posted, made, or shared by another member of the same legislative body if it concerns a matter of agency business.
Since the July 12 study session, the Town’s newly hired Town Clerk identified two applicable Town policies regarding e-communications, both of which need updating.
Specifically, in September 2009, the Town Council adopted a Council Correspondence Policy (attached). The Council Correspondence Policy reflects outdated Town practices regarding the distribution of Council correspondence and the printing of public records, references sections of the PRA that have been recodified, and reflects outdated practices regarding how the Town responds to PRA requests.
In addition, in October 2010, the Town Council adopted a Personal Computing Devices Policy (attached). The Personal Computing Devices Policy generally reflects current law but reflects an outdated practice of Town-issued personal computing devices to
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Updated E-Communications Policy Town Council 10/11/23
Councilmembers. It further assumes that Councilmembers download agenda materials as opposed to accessing materials on the internet during Council meetings.
Furthermore, in August 2022, the Council adopted a policy regarding texting and emailing during public meetings (“texting policy”).
1 The texting policy generally prohibits private
email or text communications among Council, Commission, and Committee members during public meetings regarding the business of that legislative body. The texting policy does not apply to electronic communications outside a public meeting, nor does it address communications on social media sites. At the July 12 study session, Council provided direction to expand the Texting Policy to generally prohibit all e-communications by Councilmembers, Commissioners and Committee members during public meetings so that they may focus on Town business without distraction.
DISCUSSION:
Staff prepared the attached proposed updated Electronic Communications Policy, which contains the following key features:
• Applies to all legislative bodies subject to the Brown Act, including Town Council, Commissions, and Committees. The Brown Act provisions of this Policy are not intended to cover non-legislative bodies such as committees that advise a single decisionmaker or are appointed by staff.
• Incorporates and updates the Council Correspondence Policy adopted in 2009 and the Personal Computing Devices Policy adopted in 2010. It does not remove any of the unconditional commitments included in the Texting Policy, which resolved Brown Act litigation, but does expand some of its provisions to go above and beyond those prior commitments.
• Requires that Council members use Town email accounts for official Town business. Commissioners and Committee members use personal email accounts for Town business and should include a copy to the Town alias e-mail address. • Prohibits electronic communication (including social media) by a quorum of Councilmembers, Commissioners, or Committee members.
• Provides that Council members, Commissioners, and Committee members may engage in separate conversations with members of the public on social media on matters of Town business. However, Council members, Commissioners, and Committee members may not respond directly to any communication on social media posted, made, or shared by another member of the body on which they serve if it concerns a matter of that body’s business.
1 The texting policy is available on the Town’s website at https://www.portolavalley.net/home/showpublisheddocument/16426/637952260183230000.
Updated E-Communications Policy Town Council 10/11/23
• Goes above and beyond the 2022 Texting Policy by prohibiting e-communication by Council members, Commissioners, and Committee members during meetings, with exception for family emergencies.
• Establishes procedures to respond to PRA requests that cover e-communications other than e-mail communications (such as social media or text conversations). • Updates policy from 2009 ensuring that the Town shall have a warning on the Town’s website that communications made to Town staff, Council members, and Commissioners and Committee members may be a public document and subject to disclosure.
If adopted, the Policy would be posted to the Town’s website and included in future trainings of Town Commissions and Committees.
ATTACHMENTS
1. Proposed Updated Electronic Communications Policy
2. Portola Valley Town Council Resolution No. 2466-2009 adopting a Council Correspondence Policy (September 23, 2009)
3. Portola Valley Town Council Resolution No. 2507-2010 adopting a Personal Computing Devices Policy (October 13, 2010)
1686517.2
RESOLUTION NO. XX-2023
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
ADOPTING A POLICY REGARDING THE USE OF ELECTRONIC
COMMUNICATIONS
WHEREAS, the Town of Portola Valley seeks to promote effective use of electronic communications by Town Council members, Commissioners, and Committee members in conducting Town business and to create a system that allows compliance with state and federal laws governing electronic communications including the Brown Act, the Public Records Act, records retention laws, and state and federal rules of evidence; and
WHEREAS, the Town Council approved Resolution No. 2466-2009 on September 23, 2009 adopting a Council Correspondence Policy and approved Resolution No. 2507-2010 on October 13, 2010 adopting a Personal Computing Devices Policy; and
WHEREAS, the Council Correspondence Policy reflects outdated Town practices regarding the distribution of Council correspondence and the printing of public records; and
WHEREAS, the Personal Computing Devices Policy generally reflects current law but also reflects an outdated practice of Town-issued personal computing devices to all Councilmembers; and
WHEREAS, on August 1, 2022, the Town Council adopted a policy prohibiting private email or text communications among Council members, Commissioners, and Committee members during public meetings (the “Texting Policy”); and WHEREAS, the Town wishes to update the Council Correspondence Policy and the Personal Computing Devices Policy to align with current technology and Town practice, and to expand the Texting Policy to generally prohibit all e-communications by Councilmembers, Commissioners and Committee members during public meetings so that they may focus on Town business as set forth in the agenda topics.
NOW THEREFORE, the Town Council of the Town of Portola Valley does hereby RESOLVE as follows:
I. Purpose: Use of electronic media is necessary and useful for Town Council and Commission and Committee members in order to improve communication and efficiently perform their Town duties. The purpose of this policy is to ensure the proper use of the Town’s electronic media and to set out the policy the Town Council and Commission and Committee members will follow when using electronic media and the Town’s electronic communication system. This policy will also ensure that use of Town electronic media complies with applicable law, including the Public Records Act and Brown Act.
ATTACHMENT 1 Page 16 of 24
This Resolution supersedes the Council Correspondence Policy adopted in 2009 and the Personal Computing Devices Policy adopted in 2010. This Resolution does not remove any of the unconditional commitments included in the Texting Policy, which resolved Brown Act litigation, but does expand some of its provisions to go above and beyond the Brown Act and the Texting Policy.
The Town Council hereby adopts the Electronic Communications Policy as set forth herein. Except where stated otherwise, this policy is applicable to all of the Town’s legislative bodies that are subject to the Brown Act. However, the Brown Act provisions of this Policy are not intended to cover nonlegislative bodies such as committees that advise a single decisionmaker or are appointed by staff.
II. Definitions
a. Personal computing device, for purposes of this Resolution, includes mobile phones, iPads, tablets, laptops, notebooks, desktop computers and other such devices.
b. Electronic communications (e-communications) means electronic text or visual communication and attachments distributed via email, websites, instant messaging, text messaging, social media platform, or comparable services.
c. Social Media Platform means a publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter (X), PV Forum, LinkedIn, and YouTube.
III. Procedures
a. Procedures for Electronic Communications. E-Communication by nature represents and reflects upon the Town’s public image and integrity.
Council members and Commissioners should ensure that their messages are respectful, professional, and are consistent with Town policies. ECommunication should be written or otherwise presented in the same professional and respectful manner as paper communications. b. Town Council E-mail Accounts and E-Communications. Council members will be issued accounts for use of Town electronic media for email on Town business. Council members shall not use their personal or business email accounts or addresses for any communication pertaining to Town business. When using email, users should communicate with the public and staff solely via their designated Town email addresses. Council members should not commingle e-communication pertaining to Town business with e-communication pertaining to their personal life or business. If a personal or business email address is inadvertently used for ATTACHMENT 1 Page 17 of 24
Town business, the Council member shall copy their Town email address in the response and notify the other party to the communication that future communication on that matter should occur through the Town issued email address. Council members shall keep a record of all ecommunications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request. c. E-Communications by Commissioners and Committee Members.
Commissioners and Committee members who have not been issued a Town email address may use their personal accounts for Town business.
In order to ensure that the Town has a record of all e-communications concerning Town business, e-communications concerning
Commission/Committee business should include a copy to the Town alias e-mail address. Commissioners and Committee members shall keep a record of all e-communications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request.
d. Electronic Communications between Council members or Commissioners/Committee Members Concerning Town Business.
Communications from (1) a Council member to another Council member or members concerning Town business, and (2) a
Commissioner/Committee member to other Commissioners/Committee Members concerning Town business should never be used to form or attempt to form a consensus on an issue within the Town’s business and should never take place during a noticed public meeting. Such ecommunication should be only for informational or procedural purposes.
E-communications for informational purposes should state “For Informational Purposes Only – Please Do Not Respond.”
e. Use of E-Communication During Meetings. Town Council members shall not use E-Communication at any time during a meeting of the Town Council at which they are in attendance. No Commissioner or Committee member may use E-Communication at any time during a meeting of the Commission or Committee of which they are a member at which they are in attendance. The foregoing limitation shall not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter; a Council member or Commissioner/Committee Member wishing to respond to such a message during the meeting shall do so during a recess or shall excuse themself from the meeting to place the return call or text in a manner that does not disrupt the meeting. f. E-Communications with the Public on Social Media Platforms. In accordance with the Brown Act, Council members, Commissioners, and Committee members may engage in separate conversations with ATTACHMENT 1 Page 18 of 24
members of the public on Social Media Platforms to answer questions, provide information, and request information from the public on matters of Town business. Council members, Commissioners, and Committee members may not respond directly to any communication on a Social Media Platform posted, made, or shared by another member of the body on which they serve if it concerns a matter of that body’s business. This prohibition applies to commenting, posting emojis or other images, and other digital icons (including clicking on a reactive symbol, such as “thumbs up,” “like,” or “heart”).
g. Electronic Communication on Social Media Platforms by a Quorum of the Council and Commission or a Council and Commission Standing Committee. A majority of the members of the Council or a Commission shall not send or exchange facts about or engage in discussions including commenting, replying, sharing, reacting or using digital icons), regarding matters of the Council’s (for Council members) or their Commission or Committee’s (for Commissioners and Committee members) business via E-Communication, including e-mail, Social Media Platforms or chat rooms, news groups, on-line forums, weblogs, or listserves. h. Public Records Act. Town records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act.
In the event that the Town receives a request for disclosure of Town records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all Town ECommunication covered by the request until the responsive ECommunications have been identified. Requests for disclosure of any Town records applicable to E-Communication or other electronic records of any Council member, Commissioner, or Committee Member shall be submitted to the Town Clerk.
i. Website Warning. To warn the public of the public nature of ecommunications sent and received by the Town and Council members and Commissioners/Committee members, the Town shall have a warning on the Town’s website that communications made to Town staff, Council members, Commissioners, and Committee members may be a public document and subject to disclosure.
IV. Compliance with this Policy: It is the responsibility of every Councilmember, Commissioner, and Committee Member to ensure that they are in compliance with this Electronic Communications Policy.
PASSED AND ADOPTED this ____ day of ________, 2023.
ATTACHMENT 1 Page 19 of 24
By: __________________________
Mayor
ATTEST:
_________________________
Town Clerk
1675091.3
ATTACHMENT 1 Page 20 of 24
T:\Council Staff Reports\2023\10.11.23\Electronic Comm Policy\Council Correspondence Policy adopted 9-9-09.doc RESOLUTION NO. 2466-2009
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PORTOLA VALLEY ADOPTING A POLICY REGARDING THE
DISTRIBUTION OF WRITINGS SUBMITTED TO MEMBERS OF THE
TOWN COUNCIL
WHEREAS, the Town Council of the Town of Portola Valley values the open exchange of information; and
WHEREAS, at a public meeting on September 9, 2009, the Town Council considered the Email Policy adopted in 2001;
WHEREAS, the Town Council desires to update the Email Policy; and WHEREAS, the Town Council, recognizing that technology is changing and the means and the speed at which information is shared without delay is likewise changing, desires to broaden the Email Policy to apply to all writings as defined in Government Code Section 6252; and
WHEREAS, the Town Council believes that some personal judgment may be required in the application of the policy regarding the distribution of writings submitted to members of the Town Council and the person exercising that judgment should err on the side of openness and sharing the information with the entire Town Council.
NOW THEREFORE, The Town Council of the Town of Portola Valley does hereby RESOLVE as follows:
1. This Resolution supersedes the Email Policy adopted in 2001.
2. The Town Council hereby adopts the Writings Policy as set forth herein.
3. Writings Policy:
A. A “writing” is defined pursuant to Government Code Section 6252 to mean any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
B. A writing should normally not be sent by a staff member to more than two Council members or by a Council member to more than one other Council member and should never be used to form or attempt to form a consensus on an issue within the Town’s business. Such a writing should be only for informational or procedural purposes. Writings for informational purposes should state “For Informational Purposes Only – Please Do Not Respond.” ATTACHMENT 2 Page 21 of 24
T:\Council Staff Reports\2023\10.11.23\Electronic Comm Policy\Council Correspondence Policy adopted 9-9-09.doc C. Any writing sent to the Town Attorney about a legal issue should state “Confidential – Attorney/Client Privilege.”
D. Any writing sent to Town Hall or any staff member which is addressed to the Town Council or to a majority of Council members should be forwarded to all Council members in the next weekly digest or the Town Council packet, whichever is distributed sooner.
E. To warn the public of the public nature of writings sent and received by the Town and Council members at Town Hall, the Town shall have a warning on the Town’s website that communications made to Town staff and Council members through the website may be a public document and subject to disclosure.
F. Writings sent to the Town which contain information subject to retention under state and federal law should be printed and retained in the same manner as other Town records.
G. When a Public Records Act request is received, the Town Council and Town Attorney should be immediately notified. No writings should be deleted after receipt of the notification. The Town Attorney will review and determine which writings are subject to disclosure.
PASSED AND ADOPTED this 23rd day of September, 2009.
By:___________________________
Mayor
ATTEST:
_________________________
Town Clerk
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