10080-11 Amend- Municipal Code Ch.2 Sec 2-8 & 2-10 New Section 2-49 Governing Electronic Devices Used During Public Meeting

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Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 2 meetin ig 's in pro�ress Any electronic device which is used throu�h_Cit�-controlled access and which is needed durin� the Common Council or any Standing Committee is permitted for the purpose of accessing citv information cit�presentations and to record minutes and notes.� (q) As used in this Article "electronic device"means a wireless and/or portable electronic handheld piece of equipment that includes but is not limited to existing and emerging mobile communication systems and smart technolo�ies (cell phones, smart phones walkie-talkies, pa�ers etc) portable internet devices�mobile mana�ers mobile messen�ers, B1ackBerrv T handset, etc) Personal Di�ital Assistants (PDAs) (Palm or�anizers, pocket PCs, etc.) and anv other conver�ent communication technolo�ies that do any number of the previously mentioned functions. "Electronic device" also includes any current or emergin�`wireless handheld technolo ie�s or portable information technolog_v systems that can be used for word processing wireless Internet access and information transmittin�/receiving etc. Tape recorders and cameras andZ hearin a�ids3 shall be excluded from the definition of "electronic devices" as used in this Article. Emer�encv communication devices used bv sworn police officers and medical first responders who are in attendance of a Common Council or Standing Committee meetin� shall be in excluded from the provisions of this Article. Section II. Chapter 2, Article 1, Section 2-10 (i) of the Sotrtlt Bend Municipal Code is amended to read as follows: (i) The Chairperson, with the assistance of the �'�•�~^�' "++^~~°��, Citv Clerk, or his or her a authorized representative from the Office of the City Clerk, shall be responsible for filing Committee minutes with the Office of the City 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 Sorrtla Bend Marnicipul Code is amended to read as follows: � All communications sent on an electronic device��hich is used through a City-controlled access or network will be captured by the City and may become part of the public record. �IiTdinnn Code 5-14-1.5-1 et se��.,sets forth the Indiana Open Door Law. In Ber�y v. Peoples Broadcasting Corp., 547 N.E.2"d 231, 1089 Ind. LEXIS 402(Ind. 1989),held that under the Indiana Open Doar Law,a government body could not ban the use of cameras and tape recorders at its public hearings. b�dinna 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".