03-23-11 Council Rules Committee

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� . , � : `"�. `�._ �` Joint Meeting of the � Information and Technology Committee Council Rules Committee 2011 South Bend Common Council The March 23, 2011 joint meeting of the Information and Technology Committee and the Council Rules Committee of the South Bend Common Council was called to order by Information and Technology Committee Chairperson, Dr. David Varner at 4:35 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Dieter, Varner, White, Puzzello, Oliver Davis and Henry Davis, Jr.; City Controller Gregg D. Zientara, Information Technologies Director Bob Allen, City Attorney Charles Leone, Assistant City Attorney Ann-Carol Nash, Health and Public Safety Committee Citizen Member Marcus Ellison, and Council Attorney Kathleen Cekanski-Farrand. Bill No. 75-11 Electronic Device Regulations Governing Public Meetin�s of City Boards, Commissions and the Common Council Dr. Varner noted that the today's joint committee meeting was scheduled to discuss and review the various aspects of the proposed ordinance addressing technology regulations. He then called upon Council President Dieter, one of the sponsors of the proposed ordinance. Council President Dieter stated that the proposed ordinance is being sponsored by Council Members Karen White, Ann Puzzello, Tim Rouse and himself. It is aimed at instituting professional, fair and responsible regulations. He noted that the regulations are now proposed to have city-wide applications for public boards and cominissions of the Council, and called upon the Council Attorney to review the working draft of a substitute version of Bill No. 75-11. Council Attorney Kathleen Cekanski-Farrand then reviewed key aspects of her March 22, 2011 memorandum and the working draft version of substitute Bill No. 75-11 (copy attached). She noted that input was received from the Council as well as many members of the City Administration — City Controller Gregg D. Zientara, Human Resources Director Janice Hall, City Attorney Charles Leone, Assistant City Attorney Thomas Bodnar, IT's Brent Cummins. Much research has been shared with the Council and tlie Administration, describing the many states whicli have similar state laws to those in Indiana which address "Access to Public Records". Many of these states are or have been involved in lawsuits which involve request for disclosures of information from various electronic devices which were sent and/or received by a member of a public body during a public meeting. In light of these growing legal concerns, it was recommended that proposed regulations govern, not only Council Committee meetings and Council Meetings, but also public meetings of City Boards and Commissions. One of the primary goals is to have reasonable regulations which compliment Indiana's Open Door Law and Access to Public Records state laws. She stated that she has shared information from many of these cities such as Seattle's who have been contacted by South Bend's IT's staff.