City Council Study Session Agenda and Packet 2004 01 27

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c. EXAMPLE: A meeting of two Council members is not subject to the Open Meetings Law and therefore need not be open and requires no notice. The threshold number for City Council is three. d. " EXAMPLE: However, the Act extends to Council committees. Therefore, the threshold number for a standing committee, such as the three- member finance committee, is two members. 3. E -Mail Meetings. A meeting subject to the Open Meetings Law can be convened by e -mail or telephone. This is because a "meeting" includes "any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication." a. A more specific section of the Open Meetings Law deals with e- mails. It states that if elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail shall be subject to the requirements of the Open Meetings Law. However, e- mail among elected officials that does not relate to pending legislation or other public business shall not be considered a meeting. b. While e -mail is convenient, it can become a significant source of Open Meetings Law issues. Two suggestions to head off problems: 1. Conduct and discuss public business at duly- called and noticed regular and special meetings. 2. If e -mail is used, limit its use to between two Council members, or otherwise establish an open e-mail system which is readily accessible. c. One line of thinking is that the Open Meetings Law is not implicated unless three or more elected officials "discuss" public business, and a "discussion" involves some sort of simultaneous or near - simultaneous exchange, such as a chat room. This view has not been tested by the courts and relies on a difficult to define standard that seems inconsistent with the intent ofthe Law. d. E -mail carries with it the risk of inadvertent or unintended "discussion" of public business. Though an e -mail may be sent from only one Council member to another, the sender cannot be certain that it will not be forwarded. 3. E -Mail Correspondence. E -mail to or from a constituent does not trigger the Open Meetings . Law but is subject to certain provisions of the Open Records Law, as discussed below. However, e-mail on quasi-judicial matters does implicate due process rights and therefore requires special attention.