HomeMy WebLinkAboutResolution 2012-026 N.C.S. 03/05/2012 Resolution No. 2012-026 N.C.S.
of the City of Petaluma, California
ESTABLISHING A POLICY GOVERNING THE USE OF ELECTRONIC
COMMUNICATIONS AND DATA DEVICES BY CITY LEGISLATIVE BODIES.
SUBJECT TO THE BROWN ACT DURING PUBLIC MEETINGS
WHEREAS, advances in technology allow use of electronic messaging, data processing
and other functions on portable electronic communications and data devices which are generally
intended for viewing primarily or solely by the individual using the device; and
WHEREAS, portable electronic communications and data devices allow electronic
messaging, data processing and other functions to be carried out during public meetings by
individual legislative body members without necessarily making messages and other
information available to other members of legislative body and/or the public; and
WHEREAS, the City Council desires to permit and promote utilization of technology to
ensure efficient and effective conduct of the people's business, in accordance with applicable
law, and to reduce cost, waste and environmental impacts from printed copies of legislative body
agenda materials; and
WHEREAS, the City Council desires to ensure full compliance with the mandates of the
California Constitution, art. I, §3(b)(1) and the Public Records Act and Ralph M. Brown Act
regarding public access to government information and the open and public nature of public
meetings; and
WHEREAS, the City Council desires to ensure that adjudicatory hearings conducted by
City legislative bodies proceed in the manner required by law, including consistent with due
process rights of interested parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The City Council permits and promotes the utilization of technology to ensure
efficient and effective conduct of the people's business, in accordance with applicable
open meetings and records laws, due process rights of interested parties, and other
applicable law and city policy, and in the interest of reducing waste, supply costs and
environmental impacts.
2. The use of portable electronic communications and data devices, including, but not
limited to, laptop computers, cell phones, tablet computers, pagers, and similar
devices, by members of City legislative bodies subject to the Brown Act during the
public meetings of the body shall be limited as prescribed in this policy and
applicable law.
3. Use of portable electronic communications and data devices by members of City
legislative bodies subject to the Brown Act during public meetings of the body shall
comply with the requirements of all applicable laws and City policies, including the
requirements of Article I, section 3, subdivision (b) paragraph 1 of the California
Resolution No.2012-026 N.C.S. Page 1
Constitution, the California Public Records Act (Gov't. Code §6250-6276.48), the
Ralph M. Brown Act (Gov't. Code §§54950-54963), due process rights of interested
parties in City legislative body proceedings, and the following City policies and
procedures.
4. Members of City legislative bodies subject to the Brown Act may not use portable
electronic communications and data devices at public meetings of the body in any
manner or for any purpose prohibited by law or City policy. In particular, but without
limitation, electronic communications and data devices may not be used at public
meetings by City legislative body members in any of the following ways:
a. in violation of the requirements of the Ralph M. Brown Act, such as by sharing
communications among a majority of the legislative body privately and separate
from the public discussion at the meeting.
b. in violation of the requirements of the California Public Records Act, such as by
transmitting to a majority of the legislative body information connected with a
matter subject to consideration at the meeting, which information is not available
to the public.
c. in violation of due process rights of interested parties at adjudicatory hearings,
such as by consideration of information not a part of the hearing record, or by use
of an electronic communications and data device so as to result in inattention to
the record and/or proceedings before the body.
5. In addition to the restrictions on the use of electronic communications and data
devices by City legislative body members under the Ralph M. Brown Act, the
California Public Records Act, and the due process guarantees under the U.S. and
California Constitutions, members of City legislative bodies subject to the Brown Act
may not:
a. during a meeting of the body, receive electronic communications from, or send
electronic communications to, any person, (including, but not limited to, members
of the public, city staff, other legislative body members, and parties to city
proceedings) except as permitted in Section 6, below.
6. Members of City legislative bodies subject to the Brown Act may use electronic
communications and data devices at public meetings of the body to receive and send
communications regarding emergencies, such as family emergencies. Members
receiving/sending such communications should coordinate with the member presiding
over the meeting as needed under the circumstances so as to respond to the
emergency as needed and to ensure compliance with open meeting, open records, due
process and other applicable laws, rules and policies, including this policy.
7. City staff are authorized and directed to ensure that the requirements of this policy are
incorporated into the procedural rules and enabling legislation of City legislative
bodies subject to the Brown Act when such rules and legislation are next reviewed
and updated. Until such time as the procedural rules and enabling legislation of City
legislative bodies subject to the Brown Act are next reviewed and update, this policy
shall be deemed incorporated in and applicable to the procedural rules and enabling
Resolution No. 2012-026 N.C.S. Page 2
legislation of all City legislative bodies subject to the Brown Act, Such bodies will
conduct their business consistent with the requirements of this policy, and may adopt
or enact no rule, policy, procedure or practice that conflicts with any of the
requirements of this policy. Any such rule, policy, procedure or practice that
conflicts with any of the requirements of this policy shall be void and of no effect.
8. This resolution shall become effective on its adoption.
9. All portions of this resolution are severable. Should any individual provision or
portion of a provision of this resolution be adjudged to be invalid and unenforceable,
the remaining provisions and portions of provisions shall be and continue to be fully
effective, except as to the provision(s) and/or portion(s) of provisions that have been
judged to be invalid.
Under the power and authority conferred upon this Council by the Charter of said City. 1
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the 'bro. ed as to
Council of the City of Petaluma at a Regular meeting on the 5th day of March,2012, orm:
by the following vote:
City •ttorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Healy. Kearney, Vice Mayor Renee
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: t 41011Pren.Ir �'1 �-
City Clerk
Mayor -
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