Legal Review Committee Agenda and Packet 2020 09 02

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City Council Legal Review Committee Meeting Minutes July 7, 2020 Page 3 of 4 Councilmember Leh stated there are pros and cons to each option. In -person meetings are very different from electronic ones and you can't recreate the in - person feeling on line. Public Comments Stephanie Rowe, 631 West Street, stated she feels the referendum portion is very important and what is decided for meetings should also apply to signature gathering. Councilmember Brown stated that for meetings with important items subject to referenda there should be an in -person option. Councilmember Fahey stated she supports having an option for using an all - electronic meeting for items subject to referenda. City Attorney Kelly clarified that the only type of meetings that require an in - person option under current rules are the quasi-judicial items subject to referendum. The hybrid option under discussion tonight would allow councilmembers to appear electronically in a hybrid meeting. After further discussion Councilmember Fahey withdrew her motion and moved to adopt the option to allow hybrid meetings for items subject to referendum. Councilmember Leh offered substitute motion to change the rules of procedure to add a new section as proposed by the City Attorney which would allow a councilmember to attend a hybrid meeting by electronic means. Councilmember Fahey second. All in favor. DISCUSSION/DIRECTION — ELECTRONIC SIGNATURE GATHERING FOR REFERENDA PETITIONS City Attorney Kelly noted the Charter states signatures for either an initiative or a referendum are to be collected in compliance with the State statutes for such procedures. State statute requires a petition circulator affirm by affidavit that "each signature thereon was affixed in the affiant's presence." This rule therefore precludes the collection of signatures electronically for these petitions. To change this the Council could put a ballot question forward for residents to vote on a charter amendment. Councilmember Leh asked how many municipalities in the County have done this. City Attorney Kelly stated we don't know if any that allow this option. Councilmember Brown stated this is an interesting idea and we should continue to look into it to see if this is a possibility.