Legal Review Committee Agenda and Packet 2020 07 07

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City Council Legal Review Committee Meeting Minutes June 10, 2020 Page 2 of 4 Councilmember Leh stated the Committee needs to recommend to Council options for proceeding with in -person meetings and when and how that could happen. The fundamental values we need to maintain are transparency and accessibility but added to that now is safety. Councilmember Fahey stated she believes in -person meetings should not be happening yet. The public health risk is too high. She noted she is not comfortable with having an in -person meeting. She also doesn't feel a hybrid meeting with some board members at home and some in -person is equitable. Public Hearings and Quasi -Judicial Hearings City Attorney Kelly stated the Council asked her to determine what is a public hearing and if there is a legal requirement to hold public hearings in -person. She clarified that not all hearings are quasi-judicial so that should be kept in mind. The only definition in the Code for public hearings is specifically for those hearings in the zoning code. That definition is "Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions." The definition appears to have been originally added to the Code in 1962, a time when use of the phrase "held in a place" would likely have been commonly understood to mean a physical location. However, given the current public health pandemic a physical place may no longer be necessary as long as the "place" where the public hearing is held allows the general public to attend to hear issues and express their opinions. The electronic platform currently used by the City Council for its meeting allows the general public to attend, hear issues, and express their opinions. She stated it is important all due process rules are met, but as a practical matter there is no reason Council could not hold public hearings, including quasi-judicial hearings, electronically. Possible Options for In -Person Meetings Muth reviewed how the City is currently handling public meetings noting the current electronic meeting process allows people to watch the meeting multiple ways including on Comcast Channel 8, via Zoom, and streaming through the City's website on YouTube. The last two can be done from a computer, tablet, smartphone or other smart device. Zoom also allows people to call in from any phone to listen to the meeting and comment.