04-11-11 Council Agenda & Packet

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Substitute Bill No. 75-10 Electronic Device Regulations Ordinance Page 2 meeting is in progess. Any electronic device which is used throe h fit -controlled access and which is needed during the Common Council or any Standing Committee is permitted for the ppMose of accessing city information city resentations and to record minutes and notes.' (q) As used in this Article "electronic device"means a wireless and/or l2ortable electronic handheld piece of quiPment that includes but is not limited to existing and emer in mobile communications sterns and smart technologies cell phones, smart phones walkie-talkies a ers etc. portable internet devices mobile mans ers mobile messengers, Bla Berry T handset etc. Personal Digital Assistants fPDAs),(Palm organizers, pocket PCs, etc.) and any other convergent communication technologies that do any number of the previou§ly mentioned functions. "Electronic device" also includes any urrent or emerging wireless handheld technologies or portable information technology systems that.can_be used for word rocessin wireless Internet p g�,...__ access and information transmitting receiving, Tape recorders and cameras and hearing aids3 shall be excluded from the definition of "electronic devices" as used in this Article. Emergency communication devices used by sworn police officers and medical first responders who are in attendance of a Common Council or Standing Committee meeting shall be in excluded from the provisions of this Article. Section II. Chapter 2, Article 1, Section 2-10 (i) of the South Bend Municipal Code is amended to read as follows: (i) The Chairperson, with the assistance of the Gouneil ztteffie y, City Clerk or his or her a authorized Mi-esentative from the Committee minutes with the Office of the City Office of Clerk, shall be responsible for filing Clerk within two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references to proposed resolutions and ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a committee shall also be attached to such committee minutes. Section III. Chapter 2, Article 1, Section 2-10 (k) of the South Bend Municipal Code is amended to read as follows: ' All communications sent on an electronic device which is used through a City-controlled access or network will be captured by the City and may become part of the public record. 'Indiana Code 5-14-1.5-1 et seq.,sets forth the Indiana Open Door Law. In Berry v.Peoples Broadcasting Corp., 547 N.E. 2""231, 1089 Ind.LEXIS 402(Ind. 1989),held that under the Indiana Open Door Law,a government body could not ban the use of cameras and tape recorders at its public hearings. Indiana Code 5-14-3-1 et seq.,sets forth the Access to Public Records state law 3 Hearing aids are defined by the National Institute of Deafness and Other Communication Disorders(NIDCD)as a "small electronic device that you wear in or behind an ear which is designed to make some sounds louder so that a person with hearing loss can listen,communicate and participate more fully in daily activities".