HomeMy WebLinkAbout2012-16 - Electronic Devices Legislative bodies policyRESOLUTION NO. 2012-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH ESTABLISHING A POLICY GOVERNING THE USE OF
ELECTRONIC DEVICES BY CITY LEGISLATIVE BODIES
SUBJECT TO THE BROWN ACT DURING PUBLIC MEETINGS.
WHEREAS:
1. Advances in technology allow use of electronic messaging, data processing and
other functions on portable electronic devices which are generally intended for viewing primarily
or solely by the individual using the device; and
2. Portable electronic 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
3. 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
4. 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
5. The City Council desires to ensure that adjudicatory hearings conducted by City
legislative bodies proceed in the manner required by law, including consistency with due
process rights of interested parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah 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, and 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 devices by members of City legislative bodies subject
to the Brown Act during the public meetings of the legislative body shall generally be limited to
viewing publicly available agenda materials and materials contained in the record before the
entire body.
3. Use of portable electronic 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 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
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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 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 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 device so as to result in inattention to the record and/ or proceedings before the body.
5. Members of City legislative bodies subject to the Brown Act may use portable
electronic 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.
6. 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 updated, this policy shall be deemed incorporated in and
applicable to the procedural rules and enabling 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.
7. This resolution shall become effective on its adoption.
8. 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.
PASSED AND ADOPTED on this 21st day of March 2012, by the following roll call vote:
AYES: Councilmembers Thomas, Rodin, Vice Mayor Crane, and Mayor Landis
NOES: None.
ABSENT: Councilmember Baldwin.
ABSTAIN: None.
ATTEST:
I Anne M. Currie, City Clerk
Mary A n Landis, Ma or