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HomeMy WebLinkAbout03-23-11 Council Rules Committee � . , � : `"�. `�._ �` 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. Minutes from the Joint Meeting of Information and Technology Committee and the Council Rules Committee March 23,2011 � Page 2 The Council Attorney further noted that: • Definition of"electronic device" is one used in other jurisdictions, however a limited exception has been added consistent with Indiana's state law on tape recorders and cameras; and also for limited circumstances involving sworn public safety members, in case of emergencies • Limitations on electronic devices are only for the time when the public meeting is in progress • Proposed regulations are designed to have consistency at public meetings with regard to such technologies • Proposed regulations are aimed to balance the public's right to have reasonable access to public information under the state laws addressing open meetings and public records, as well as the city's duty to review on a case by case basis what is required to be disclosed • Proposed regulations are to assist in implementing new technologies which are consistent with Indiana's governing state laws with language proposed to address "electronic devices used through City-controlled access" She noted that Assistant City Attorney Thomas Bodnar reviews all public records requests filed with all city offices and departments; and that he was instrumental in providing comment on the latest version of the proposed bill. In response to a question from Council Member White, the Council Attorney noted that the only changes proposed to the "sanctions" provisions of § 2-10 (k) are those which are underlined, and that the remaining�provisions have been in the Soirtli Bend Municipal Code since 1977, and updated in 1988. Council Member Ann Puzzello noted that as a member of the Area Plan Commission, the APC Chairperson, Karl King, announces at the beginning of each of their meeting that all electronic devices are to be turned off or put to their silent mode. She stated that it works very well. In response to a question from Council Member Oliver Davis, the Council Attorney noted that City Attorney Charles Leone and Assistant City Attorney Thomas Bodnar have had access and input to the proposed Bill. However she would see that attorneys to the various boards and commissions would be sent a copy. She added that the boards and commissions currently governed in the Sozrth Bend Municipal Code in Chapter 2, Article 5 include: the Board of Public Works, the Board of Public Safety, the Area Plan Commission, the Century Center Board of Managers, the Redevelopment Authority, Economic Development Commission, and other boards and commissions which have a Mayoral or Common Council appointment. Council Member Henry Davis expressed comments that he wanted the City of South Bend to keep pace with technological advancements, so that some day the city would be paperless. He noted that the Bill as originally proposed appeared to him to be aimed at his use of new technology when he was doing research, and it "now it is the greater aggregate". Minutes from the Joint Meeting of Information and Technology Committee and the Council Rules Committee March 23,2011 Page 3 City Attorney Charles Leone stated that the City of South Bend received over 1,800 requests for public records last year. The City has a responsibility to not only respond to each of these requests but to control the system on which such records are kept, for a certain number of years. He further stated that he agrees with the Council Attorney that the focus is to have local regulations which are consistent with the State's Access to Public Records law, as well as to the State's Open Door Law. A series of questions from Council Member Oliver Davis to the City Attorney then took place addressing emails and social media such as Facebook and Twitter. He noted that he often receives and sends more via social media, and believes that elected officials and city employees should know what is considered a public record and what is not. He noted that many times not only city-owned devices are used, but also privately owned devices. The City Attorney stated that he would prepare a memo on this topic. The City Attorney and the Council Attorney both stressed that that the scope of the proposed ordinance only addresses electronic devices at city public meetings. Dr. Varner noted that under the proposed regulations, persons have to realize that the information would be discloseable, if requested. Dr. Varner then stated that preliminary discussions have taken place with Gregg Zientara and Bob Allen about possibly moving forward with new technologies which could be implemented on the 12, 13`�', 14°i and 4°' floors of the County-City Building. He then asked Mr. Zientara to give an update. City Controller Gregg D. Zientara stated that the collective goal is to be a "technology sawy city". They are considering IT initiatives to move forward on wireless access networking so that city employees, elected officials, etc. and those who come in to give presentations would have access to a City-Controlled system. It would be firewall protected and security protected, where a key �vould be needed froin IT for such access. The City would be able to capture all such items for public record keeping purposes. In response to a question from Council Member White, the following timeframe was given by Mr. Zientara and Mr. Allen: • Monday, March 28`�' bids would go out • June 1 s� Projected date to be wireless • Within approximately two (2) months new tech devices Dr. Varner emphasized in becominb a"high tech city"there should be inore access for the public. Both Gre�g Zientara and Chuck Leone stated that they would be looking into upgrading the City's website so tliat more documents/infonnation is accessible pursuant to proper protocols being in place, including customer service. Bob Allen noted that emails are still captured by the city if they are forwarded to a Blackberry or similar devices. He recommended that if an email deals with city government issues/matters a copy should be sent. In response to a question from Council Member Puzzello, City Attorney Leone stated that the city has several persons who request information on a regular basis. Providing more information on the city Minutes from the Joint Meeting of Information and Technology Committee and the Council Rules Committee March 23,2011 Page 4 government website may assist in providing that information; noting that the Access to Public Records state law would still need to be complied with in each instance. Bob Allen stated that currently the City has 5-6 Facebook accounts which are information only currently. In response to Council Member Oliver Davis, City Attorney Charles Leone agreed to provide a memo in this area which would address policies on emails as well as other social media. In response to a question from Council President Dieter, Mr. Leone stated that the city policy is to give an update to a Department head when a public records request is received, and not the individual within the department who may be the subject of the request for disclosure of information. Council Member Oliver Davis suggested that the sponsors consider a 2-week additional period before the Council acts on the final version of Bill No. 75-10, to allow time for the attorneys who represent the various boards and commissions to review the proposed regulations. There appeared to be agreement on this request which would have the Bill acted upon at the April 11`�' Common Council meeting. There being no further business to come before the joint committee meeting, Dr. Varner adjourned the meeting at 5:25 p.m. Respectfully submitted, _ � C� � Council Member David Varner ouncil Presiden Derek Dieter Information and Technology Committee Council Rules Committee Chairperson Chairperson Attachment � � , „ -= �;� I s, �,.,� � ,� � � ^� ..V � `� ..v . .� _" ��.'-��4 O ' :r,-a