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HomeMy WebLinkAbout14 TELECONFERENCING OF CITY COUNCIL MEETINGU`r-I' O AGENDA REPORT MEETING DATE: TO: FROM: SUBJECT: SUMMARY JUNE 19. 2012 JEFFREY C. PARKER, CITY MANAGER DAVID E. KENDIG. CITY ATTORNEY Agenda Item 14 Reviewed: City Manager Finance Director TELECONFERENCING OF CITY COUNCIL MEETINGS The question has arisen whether City Council members legally may use teleconferencing to participate in City Council meetings from remote locations. As explained below, teleconferencing is possible under California law subject to a number of specific restrictions and requirements. RECOMMENDATION Pleasure of the Council. FISCAL IMPACT No fiscal impact, unless the Council elects to utilize videoconferencing options, in which case the addition cost of video conferencing facilities in the Council Chambers would be required. BACKGROUND /DISCUSSION The Ralph M. Brown Act establishes a number of requirements that apply to City Council meetings. Section 54953(b) of the Brown Act establishes the rules that apply when a legislative body such as the City Council elects to use teleconferencing' "for the benefit of the public and the legislative body ". (California Government Code Section 54953(b) is quoted in its entirety in Attachment 1.) The following limitations and requirements would apply to the use of teleconferencing by the City Council: 1. The City Council elects whether to use teleconferencing; ' The Brown Act defines a "teleconference" as a meeting when members of the City Council are in different locations, 'connected by electronic means, through either audio or video, or both." Teleconferencing of City Council Meetings June 19, 2012 Page 2 of 4 2. A teleconference meeting must comply with all other applicable requirements in the Brown Act and the law; 3. All votes taken during a teleconferenced meeting must be by roll call; 4. Agendas must be posted at all teleconference locations and in conformity with the Brown Act requirements (e.g., 72 hours before a regular meeting, 24 hours before a special meeting, etc.) 5. Each teleconference location must be identified in the notice and agenda of the meeting; 6. Each agenda must expressly provide the opportunity for members of the public to address the Council directly at each teleconference location; 7. Each teleconference location must be accessible to the public; 8. Each teleconference meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public. In order to satisfy this provision, it is likely required that each location: - must be open to the public, - must be handicap accessible, - must enable the Councilmember and the public to hear all of the proceedings, - must allow the Councilmember and the public to make comments, and - must allow members of the public to record the meeting; and 9. During the teleconference, at least three (3) members of the Council must participate from locations within Tustin. Also, in order accommodate teleconferencing, changes in the audio (and if video is used, video) systems in the Council Chambers would be necessary since the systems do not presently exist. For instance, since members of the public have a right under the Brown Act to hear all proceedings during a meeting, and at times are allowed to address the City Council, and to address the televising of the Council meetings, two - way telephonic connections would need to be established to ensure that the public and the City Council can hear and address the Councilmember(s) at the remote location. If the Council wished to allow video teleconferencing, then a video connection (and video facilities on both ends) would be necessary as well. Teleconferencing of City Council Meetings June 19, 2012 Page 3 of 4 The cost of establishing telephone conferencing facilities at City Hall could be relatively modest. IT Staff indicates that the cost to conduct each meeting in a remote location that is handicap accessible and that would allow all members of the public to hear and participate in the meeting would likely add to the cost of such a meeting. The cost would vary depending on the type of facility arranged for the remote meeting. Similarly, facilities allowing remote video meetings would likely add cost in amounts that would vary depending on the location. OPTIONS The following options are among the alternatives available to the City Council: 1. Receive and file this report (take no action); or 2. Direct Staff to return with a written policy for your consideration that would direct that requests to appear by teleconference be considered the City Council in advance, each time a request is made; or 3. Direct Staff to return with a written policy for your consideration that would direct that each Council member may elect to appear via teleconference without further City Council action, provided all the Brown Act requirements can be satisfied. The City Attorney will be available at the time of the City Council meeting to address any questions you might have. David E. Kendig City Attorney Teleconferencing of City Council Meetings June 19, 2012 Page 4 of 4 Government Code sec. 54953 (b)(1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.