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Home My WebLink About20071001 - VI-04 VI-4 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator September 27,2007 Policy on Meetings by Telephones or Other Electronic Means --Amendment to Pandemic Flu Planning Recommended City Council Action It is recommended that the City Council take action approving the attached policy on meetings by telephones or other electronic means, as an amendment to the recently adopted pandemic flu plan. Backeround Recently the City Council adopted a pandemic flu plan for the City of Hastings, outlining the continuity of operations, should there be significant absences or other issues relating to pandemic flu. At that same meeting, Staff was asked to prepare an "amendment" to the plan as it relates to a new State law that allows meetings to be conducted by telephone or other electronic means. A copy of the State law, as provided by Mayor Hicks is attached as reference. Staff has prepared the attached amendment to the pan flu policy, essentially modeling the language fr m the State law, illustrating the reasons and process for conducting either an electro . or telephone t' g. The City Council may conduct a meeting by telephone or other electronic means so long as the following conditions are met: I.) The Mayor, City Attorney or City Administrator must determine that an in person meeting or a meeting conducted under standard notification requirements as outlined in State Statute or City Charter is not practical or prudent because of a health pandemic or an emergency declared by the State of Minnesota.; 2.) All members of the City Council participating in the meeting, wherever their physical location, must be able to hear on another and hear all discussion and testimony. 3.) All members of the public present at the regular meeting location of the City Council must hear all discussion and testimony and all votes of the City Council, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration. 4.) At least one member of the City Council, City Attorney or City Administrator must be physically present at the regular meeting location, unless unfeasible to due to the health pandemic or emergency declaration. 5.) All votes must be conducted by roll call, so each member's vote on each issue can be identified and recorded. Each member of the City Council participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. If telephone or another electronic means is used to conduct a meeting, to the extent practical, the City Council shall allow a person to monitor the meeting electronically from a remote location. The City Council may require the person making the connection to pay for the documented additional cost the City Council incurs as a result of the additional connection. If telephone or another electronic means is used to conduct a regular, special or emergency meeting, the City Council shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions regarding the opportunity to allow a person to monitor the meeting electronically from a remote location, as identified above. The timing and method of providing notice is governed by Minnesota State Law and the Hastings City Charter. The City Council shall comply with all provisions of Minnesota State Law and the City Charter relating to the requirements for closed meetings. CHAPTER No. llO S.F. No. 1165 AN ACT 1.1 1.2 1.3 1.4 1.5 relating to th~ meeti~; authorizing meetings by telephone or other electronic means under certain conditions; amending Minnesota Statutes 2006, section 13D.05, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 13D. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 1.7 Section 1. U3D.0211 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS; CONDITIONS. 1.8 1.9 Subdivision 1. Conditions. A meeting governed by this section and section 13D.01, subdivisions 1,2,4, and 5, may be conducted by telephone or other electronic means so long as the following conditions are met: (1) the presiding officer, chief legal counsel, or chief administrative officer for the affected governing body determines that an in person meeting or a meeting conducted under section 13D.02 is not practical or prudent because of a health pandemic or an emergency declared under chapter 12; (2) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (3) members ofthe public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration; (4) at least one member of the body, chieflegal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration; and 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 Section 1. CHAPTER No. 110 S.F. No. 1165 .. 2.1 (5) all votes are conducted by roll call, so each member's vote on each issue can be 2.2 identified and recorded. 2.3 Subd. 2. Members are present for quorum, participation. Each member of the 2.4 body participating in a meeting by telephone or other electronic means is considered 2.5 present at the meeting for purposes of determining a quorum and participating in all 2.6 proceedings. 2.7 Subd. 3. Monitorinj:! from remote site; costs. If telephone or another electronic 2.8 means is used to conduct a meeting, to the extent practical, the body shall allow a person 2.9 to monitor the meeting electronically from a remote location. The body may require the 2.10 person making a connection to pay for the documented additional cost that the body incurs 2.11 as a result of the additional connection. 2.12 Subd. 4. Notice of rej:!ular and all member sites. If telephone or another electronic 2.13 means is used to conduct a regular, special, or emergency meeting, the public body 2.14 shall provide notice of the re~lar meeting location, ofthe fact that some members may 2.15 participate by telephone or other electronic means, and of the provisions of subdivision 3. 2.16 The timing and method of providing notice is governed by section 13D.04 of the Open 2.17 Meeting Law. 2.18 Sec. 2. Minnesota Statutes 2006, section 13D.05, subdivision 2, is amended to read: 2.19 Subd. 2, When meeting must be closed. (a) Any portion of a meeting must be 2.20 closed if expressly required by other law or if the following types of data are discussed: 2.21 (1) data that would identify alleged victims or reporters of criminal sexual conduct, 2.22 domestic abuse, or maltreatment of minors or vulnerable adults; 2.23 (2) active investigative data as defined in section 13.82, subdivision 7, or internal 2.24 affairs data relating to allegations oflaw enforcement personnel misconduct collected or 2.25 created by a state agency, statewide system, or political subdivision; or 2.26 (3) educational data, health data, medical data, welfare data, or mental health data 2.27 that are not public data under section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 2.28 subdivision 2 or 7~ 2.29 (4) an individual's medical records governed by section 144.335. 2.30 (b) A public body shall close one or more meetings for preliminary consideration 2.31 of allegations or charges against an individual subject to its authority. If the members 2.32 conclude that discipline of any nature may be warranted as a result of those specific 2.33 charges or allegations, further meetings or hearings relating to those specific charges or 2.34 allegations held after that conclusion is reached must be open. A meeting must also be 2.35 open at the request of the individual who is the subject of the meeting. Sec. 2. 2 '''' 3.1 Sec. 3. EFFECTIVE DATE. 3.2 Section 2 is effective the day following final enactment. '. Sec. 3. 3 CHAPTER No. 110 S.P. No. 1165 CHAPTER No, 110 S.F. No. 1165 1bis bill was passed in conformity to the ruIes .of each house and the joint rules of the two houses as required by the Constitution of the State of Minnesota. 0- Passed the Senate on May 16, 2007. . ~ :0-. /J;;2~~ Secretary of the Senate Passed the House of Representatives on ~ay 17,2007. 1bis bill is properIy enrolled and was presepted to Governor on Yn~/; ,2007. ~'-JJ.J 'i,~ MlcheIe L. Tnnmons Revisor of Statutes Approved on ~2\ ~ ,2007, at 3: 0 Z ~.M. ~X Filed on Maj 2\ ,2007. ~M.Iu ~ Mark Ritchie Secretary of State 4