City Council Minutes 2012 03 06 - Laserfiche WebLink

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City Council Meeting Minutes March 6, 2012 Page 10 of 12 electronic meeting whenever three or more Council members discuss business. An inadvertent, unintentional posting would not create a problem, however if this is an interaction between three or more Council members, it becomes an electronic meeting and requires notice. Councilor Keany asked if a City board or committee member posts to this site would there be a potential for an electronic meeting and a violation of the open meetings law. He recommended notice be given to all boards and committee members of their risk. City Attorney Light stated the open meeting law is the same for each individual public body of the City. Councilor Keany recommended staff prepare specific direction to every public body in the City and notify them they may be at risk of violating the public meetings law. City Attorney Light stated if City Council moves forward with this format, they should decide whether they will use this format at all. City Manager Fleming stated the same holds true of email communications, the City's facebook pages and newspaper blogs and all the new forms of communications outside the recognized noticed meeting, for which the City provides an agenda. He noted it was a very good point and the City will advise the Boards and Commission to be mindful of the open meetings law. Planning Director Russ stated this is not intended to be used for City Boards and Commission, but rather the public. Councilor Yarnell noted City Attorney Light stated the Councilors would have to decide on whether they will use this tool or not. She asked if they should not post to this site, are they still permitted to read the comments. She requested very specific guidelines. Mayor Muckle felt in a quasi-judicial role, reading the comments would be permitted. City Attorney Light stated reading comments would not raise a due process concern. Mayor Muckle felt occasional comments on the site, should not run afoul of the open meeting law. City Attorney Light agreed, but stated the same rules that applies to City Council also applies to boards and commissions. Any comments made could be easily misunderstood or misconstrued based on the position the individual holds in the City. He suggested any comments be referenced that they represent their own personal opinion and not the position they hold. He suggested being sensitive to this issue in all forms of communication. Councilor Jasiak appreciated the concerns raised by Council, but applauded staff's initiative to use this technology. She wanted the public to be more engaged. Councilor Sackett voiced his support for service contract. PUBLIC COMMENT