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Home My WebLink AboutCM Personal Computing Devices PolicyCITY OF Agenda Item No: 3 b. I Meeting Date: January 17, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY MANAGER Prepared by: Nancy Mackie, City Manager City Manager Approval: SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A POLICY REGARDING THE USE OF PERSONAL COMPUTING DEVICES DURING CITY COUNCIL, BOARD, COMMISSION AND COMMITTEE MEETINGS RECOMMENDATION: Adopt Resolution establishing a policy regarding the use of personal computing devices by members of the City Council, Boards, Commissions and Committees in public meetings. DISCUSSION: Many cities throughout California are adopting the use of paperless agenda packets to reduce costs in printing and staff time, as well as to reduce environmental impacts by eliminating the need to print agenda packets and other paper documents. Paperless agendas require the use of electronic devices at the dais during public meetings. Some concerns have arisen with regards to paperless agendas and the use of tablet or laptop computers at the dais, including concern about member inattention and a perceived or real Brown Act violation if members of the public weigh in on an issue via email or text message to the member during a meeting. Currently, the City of San Rafael has no policy regarding access to email or text messages at the dais during meetings. In California, several cities have enacted policies prohibiting most or some access to internet, intranet, electronic mail and/or texting during noticed meetings. Prohibiting all access to the internet requires members of the Council to download the agenda packet previous to the meeting. Some cities prohibit communication via phone, text, or email but allow access to the internet. Staff recommends that the Council adopt a policy that members of the Council, Boards, Commissions, and Committees should be encouraged, during noticed and open public meetings, not to access the internet or City intranet using personal computing devices. Instead, requests for information generally should be directed to staff, whose responsibility it is to research and distribute information relevant to the proceedings. The Brown Act requires, with limited exceptions, that the decision-making process of the City's legislative bodies must be open to the public, that the public be allowed to participate meaningfully in meetings, and that the public be allowed to review documents used in the decision-making process at a meaningful point in time. Therefore, information relevant to an agendized matter that is received during a meeting and relied upon in the decision-making process must be made available to all members of the legislative body and to the public. FISCAL IMPACT: None. FOR CITY CLERK ONLY File No.: -1 ` 4 Council Meeting: V 1 1 of Disposition: X11, 1 RESOLUTION NO. 13281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A POLICY REGARDING THE USE OF PERSONAL COMPUTING DEVICES DURING CITY COUNCIL, BOARD, COMMISSION AND COMMITTEE MEETINGS WHEREAS, as part of the City's continuing efforts to reduce waste in connection with its Climate Change Action Plan, the City Council wishes to allow Councilmembers and officers of City Boards, Commissions and Committees to use personal computing devices and software to receive, store and review meeting agenda materials during their meetings; and WHEREAS, the City Council and its Boards, Commissions and Committees are required to make decisions on a variety of matters impacting the City of San Rafael and its citizens, including matters for which public hearings are held; and WHEREAS, the City Council is committed to maintaining the City's compliance with proper meeting decorum and laws, including the Ralph M. Brown Act; and WHEREAS, the City Council wishes to adopt a policy governing the use of personal computing devices during City Council, Board, Commission and Committee meetings. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. "Personal computing devices" for purposes of this Resolution shall include cell phones and "smart" phones, iPads, tablets, notebooks, netbooks, laptops and desktop computers, and other similar devices. 2. During City Council meetings that are noticed and open to the public pursuant to the Ralph M. Brown Act, personal computing devices may be used by the Mayor and City Councilmembers for the receipt, storage, retrieval, review and notation of agenda reports and materials provided to the City Council for such meetings. During Council meetings, the Mayor and/or City Councilmembers are encouraged not to access the internet or City intranet using personal computing devices if to do so would distract the official from his or her duties or create the appearance of inattention to the proceedings. Instead, requests for information may be directed to staff, whose responsibility it is to research and distribute information relevant to the proceedings. Except in an emergency or for an urgent personal communication, the Mayor and/or City Councilmembers shall not use personal computing devices to receive or send telephone calls, emails, text messages, social media site messages/postings, or other communications. 3. The foregoing policies shall also apply to City Board, Commission and Committee members during their respective noticed public meetings, but shall not apply to City Council subcommittee meetings. 1 4. Any personal computing devices provided by the City to City Council, Board, Commission or Committee members shall be the property of the City and shall be returned to the City when that member is no longer serving in such capacity. 1, Esther Beime, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 17th day of January, 2012, by the following vote to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None 2 ESTHER C. BEIRNE, City Clerk CITY OF SAN RAFAEL : 0 - a j a a a 0 A .. il INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. i� - DATE OF MEETING: 1/17/2012 FROM: Rebecca Woodbury DEPARTMENT: City Manager DATE: 1/12/2012 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A POLICY REGARDING THE USE OF PERSONAL COMPUTING DEVICES DURING CITY COUNCIL, BOARD, COMMISSION AND COMMITTEE MEETINGS RECEIVED 'rq-ry I'll Ly *** *** *** *** *** **4j 1 %"4" ;kl�� *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AG p IT Clty'- �aagnature) REMARKS: City Attorney (signatu)