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Home My WebLink AboutItem #1Open Meetings — Making Defensible Decisions Jim McNall -- ICRMP Risk Management Specialist Jerry Mason — Counsel for AIC and ICRMP Meeting Purpose ■ To conduct the city's business ■ Issues may be either: ■ E\ecutive {including appointment/ removal) ■ Legislative ■ Quasi-judicial ■ Gather needed (and wanted) input ■ "Spectator sport"- The public gets to watch - and participate when invited. ■ Item on agenda for public comment (rules?) ■ Invited by presider to comment on agenda topic. ■ Hearings are different! Meeting Roles - Staff ■ Prepare and disseminate information ■ Take minutes ■ Record??? ■ Answer questions ■ May provide regular reports on your area ■ Other (see last line in JD) The Council Meeting Mayor ■ Presides over council meetings, in the Mayor's absence the Council President presides ■ Mayor may break tie votes of council in certain situations, but breaking ties is the only time when the mayor may vote on a motion Role of the Chairman - Committees and Commissions ■ Conducts the meeting. ■ Retains rights (obligations) to discuss and vote. ■ Controls public input when it is allowed. ■ Ideally: ■ Keeps the discussion to the agenda item. ■ Prohibits personal attacks and discussions of issues not before the group. Governing Board Decisions ■ A valid decision is: ■ Made at a posted meeting with quorum present ■ On the agenda as "action item" • Motion made and affirmative vote ■ In the minutes ■ A decision is not: ■ "Polling the board" ■ Gathering signatures ■ Made without an agenda topic Open Meetings n HB611— 2018 Session — Agendas and Posting ■ Requires governmental entities to post meeting notices and agendas to website or social media pages. r Only if the entities already have a wcbpage. ■ Requires all agenda items requiring action to be designated as "action items." ■ Prohibits a meeting agenda from being amended after the meeting started for items which require action and were not on the agenda at the start of the meeting unless an emergency exits. r Note: Governor's transmittal letter calls upon le&hslature to define the term "emergency" in 2019. Meeting Rules r EACH SPEAKER DURING THE PUBLIC COMMENT PERIOD WILL BE LIMITED TO 5 MINUTES ■ THE COUNCIL MAY NOT HEAR OR TAKE TESTIMONY REGARDING ANY PLANNING & ZONING MATTER THAT IS BEFORE THE CITY OR IS KNOWN TO BE A LIKELY APPLICATION ■ ISSUES REGARDING THE PERFORMANCE OF CITY EMPLOYEES CONSTITUTE MATTERS THAT MUST BE DISCUSSED ONLY IN EXECUTIVE SESSION AND ARE NOT APPROPRIATE IN THE PUBLIC PORTION OF THE MEETING ■ MATTERS THAT HAVE BEEN PREVIOUSLY HEARD AND DECIDED BY THE COUNCIL MAY BE DETERMINED TO BE NOT APPROPRIATE FOR THE PUBLIC COMMENT PERIOD ■ CITIZENS MAY USE THIS TIME TO REQUEST THAT ITEMS BE PLACED ON FUTURE AGENDAS FOR FURTHER DISCUSSION The POLICY: The RULES: ■ All meetings of a ■ Formulation of Public Government Body shall be Policy is Public Business open to the Public (unless and Shall Not Be exception allows) Conducted in Secret ■ No decisions shall be made {Idaho Code § 74-2011 by secret ballot ■ No meeting shall be made where discrimination is practiced on the basis of race, creed, color, ser, age or national origin. {Idaho Code §74-203) DELIBERATION: GOVERNING: The receipt or exchange of _ Elected Board information relating to a - Appointed Board decision. NOT talk about _ Advisory Group the weather. - committees - Sub—Committees - Study Gmups Definitions: MEETING: Convening of DECISION: the governing A public policy action. board Quorum — Don't bet on it? Meeting Notices ■ Regular Meetings: Post notice 5 calendar days in advance Posted on web site or social media Special / Executive Meetings: 24-hour notice — posted physically and electronically Include statutory authority for executive session -only meeting Emergency Meetings Requires good faith effort to notify governing board members and media if requested AGENDAS An agenda is required for each meeting. ■ Posted same as meeting notice ■ Both must be on web site and "action items" noted w Posted 48 hours (or 24 hours for "special" meeting) ■ Only "good faith" amendments w For action items - "emergency" with justification Voting ■ Most issues may be decided by voice vote. e Certain actions require each member's vote be cast and recorded individually in the minutes: r Motions to go into executive session. ■ Approving an ordinance. r Approving a contract. a A member can request a roll call vote on any motion. ■ No voting by secret ballot. MINUTES ■ (1) All minutes shall be available to the public within a reasonable time after the meeting, and shall include at least the follov ing information: ■ (a) All members of the governing body present; ■ (b) All motions, resolutions, orders, or ordinances and their disposition; ■ (c) The results of all votes, and upon the request of a member, the vote of each member, by name. ■ Always a record of what happened — not what you wish happened! MINUTES - SUGGESTED ■ Reflect what was decided at a meeting — (not what you wish had happened.) ■ Minutes should be an expanded version of the agenda — Not on the agenda? Not a decision! ■ Minutes are creating the history of the district, make the history clear to those who follow. ■ Need not be a transcript -- usually. ■ What needs to be attached? Referenced? MINUTES - EXECUTIVE SESSION ■ (2) Minutes pertaining to an executive session shall include a reference to the specific statutory subsection authorizing the executive session and shall also provide sufficient detail to identify the purpose and topic of the executive session but shall not contain information sufficient to compromise the purpose of going into executive session. Executive Session Rules ■ Executive Sessions ■ May occur during regular or special meetings. ■ Re uire approval of two-thirds of the board by roll call vote & recorded in the minutes. ■ Both the motion to go into executive session and the minutes must state the specific statutory authorization for the executive session. r For example: pursuant to Idaho Code 7,1-206 (1) (a) to consider hiring a public officer, employee, staff member or individual agent. • Final actions/ decisions must be made in public session?? Executive Session Most common uses: I.C. §74-206 ■ Personnel selection and evaluation (a) and (b) ■ Acquire interest in real property (c) ■ Consider records exempt from disclosure (d) ■ Discuss litigation — with your attorney (0 ■ Consider claims or potential claims — with your risk manager or insurer (i) Executive Session Who can attend? ■ All "GoverninLr Board" members ■ Anyone else that Governing Board members wish to attend. ■ May have witnesses come and go as needed Tele - Meetings �r L. ✓ Specifically allowed - I.C. §74-203(5) ✓ One person must be present at site where meeting is advertised ✓ System must be set up so that all members can participate and the public can hear CURING VIOLATIONS ■ Either self -recognition or written notice of an alleged violation ■ if a violation - determine within 14 days and acknowledge the violation ■ Then 14 days to void that action or actions ■ A cure acts as a bar to the civil penalty Violations ■ Failure to comply with the provisions of Idaho Code §74-201 through 74-207 renders the action null and void. n Any member who participates in a meeting that violates these provisions will be subject to a civil penalty. • up to $250 ■ up to $1500 for "knowingly" participating • up to $2500 if subsequent to previous violation within last 12 months Idaho Code § 74-208 World of Covid Meetings ■ Key difference is audience participation ■ Compare to streaming of legislative proceedings ■ Public gets to hear or watch ■ Audio stream is likely enough ■ Governor's order provides leeway Preparation for Land Use Hearings ■ Will hearing location accommodate anticipated audience with distancing? ■ Can application and record be accessed? ■ Review written materials before hearing? ■ Methods in place to sign in? • Keep parallel virtual process for those who don't want crowd issues ■ sanitation during hearing? • Is hearing essential? Legally required? Is a Hearing Necessary? ■ 2 hearings for applications? Code only requires 1. • Subdivisions — public hearing not required by state law ■ Could use written process — rather than meeting process ■ Legislative change — can it wait? ■ Zoning changes, special use permits — can they wait? ■ Consider emergency revisions to ordinance (.C. §67- 6523) (6 months) ■ Easier to change procedures if a resolution — don't overlook