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Home My WebLink About10080-11 Amend- Municipal Code Ch.2 Sec 2-8 & 2-10 New Section 2-49 Governing Electronic Devices Used During Public Meeting ORDINANCE No . �ooso-�� Passed by the Common Council of the Ciry of South Bend,Indiana April11, 20 11 Attest: --- City Clerk JOHN OR E � Attest: ` � President of Common Council Presented by me to the Mayor of tlie City of Sorcth Berrd, Incliana April 12, 20 11 � City Clerk JOH `VOOR E Approved and signed by me 20 �- !� ,---=.' �''�l�i� (��15�'��--- Maynr � .� Ordinance No. 10080-11 Substitute Bill No. 75-10 As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, DNISION 5, SECTIONS 2-8 AND 2-10 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL AND AMENDING CHAPTER 2, ARTICLES 4 AND 5, BY ADDING NEW SECTION 2-49 ENTITLED RULES GOVERNING ELECTRONIC DEVICES USED DURING BOARD AND COMMISSIONS PUBLIC MEETINGS STATEMENT OF PURPOSE AND INTENT In 2005, the Common Council passed Ordinance No. 9570-OS which amended various provisions governing the operations of the South Bend Common Council. That ordinance built upon the improved efficiencies gained by the passage of Ordinance No. 9504-04 on Apri126, 2004, which then Council President Karen L. White sponsored. As a result of those actions, greater efficiencies were gained on procedures addressing the filing of substitute Bills with the Office of the City Clerk; the inclusion of signatory areas for the Mayor and the City Clerk on proposed ordinances and resolutions; requiring all exhibits and petitions to be filed with all proposed Bills; authorizing the Council President to assign topics raised during the Privilege of the Floor; as well as many other areas. The following proposed ordinance is filed to promote further efficiencies. Since the filing of Bill No. 75-10 on November 17, 2010, discussions have taken place with members of the City Administration. Based on those discussions and a review of policies in place in other communities, it has become apparent that consistent rules should be in place for not only the Common Council but for all City boards and commissions addressing electronic devices. In light of ongoing technological innovations and the need to comply with Indiana's Open Door law and Public Records law, it is believed that the proposed substitute bill is in the best interest of the public and the operations of the Common Council, City Boards and Commissions. ��i�, �/.��., /�i��r�/��i��/ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2-8 of the Soirth Bend Mzrnicipal Code is amended by amending paragraph (p) and by the inclusion of new para�raph (q) which shall as follows: (p) Unless excused in advance bv the Council President, persons in the Council Chambers and in the Council Informal Meetin�m shall turn their cell phones, ^^�; and anv other electronic devices to their silent mode when the Common Council is in session and when any Standin� Committee meetin� is in pro�ress. Council Members and citizen members of anv Standin��Committee may not send, r_�, view or listen to any electronic messa� communications while he/she is part of the quorum for such meetin�, while such 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". Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 3 (k) Sanctions: Upon finding that a Council Member-respondent violated the code of conduct of the Common Council; or if a Council Member violated any other provision of this Code, the Council,by a majority vote, may take any or none of the following actions: (1) Issue a private censure; (2) Issue a public censure; (3) Recommend to the Council Member — respondent or to a Council Member who violated anv other provision of this Chapter, that he or she resign his or her position on a standing and/or special committee; (4) Recommend to the Council-Member— respondent or to a Council Member who violated any other provision of this Chapter, that he or she resign from his or her office of�Council Member; (5) Have the Citv Clerk, or his or her a authorized representative from the Office of the Cit.y Clerk, take possession of anv electronic device for the duration of the public meetin�, from anv Council Member or Standin�; Committee Member, who continues to use such electronic device in violation of Section 2-8 (p) of the Soartli Beizd Mi�nicipal Code, after refusing to comply with a verbal request i�en � bv the presidin�officer of such meetin�to such member. (6) Refer the matter to the County Prosecutor's Office for appropriate action; or (7) Refer the matter, by a vote of two-thirds (2/3) of the Council for expulsion from the Common Council. Section III. Chapter 2, Article 4 of the South Bend Municipal Code is�amended to read as follows: Secs. 2-24— 2-48 ?-49. Reserved. Section IV. Chapter 2, Article 5 entitled `Boards and Commissions" of the Soutla Bend Municipal � Code is amended by adding new Section 2-49 which shall read in its entirety as follows: Sec. 2-49. Rules Governin� Electronic Devices Used During Board and Commission Public Meetin�s Regulations. (a) All boards and commissions addressed in this Article shall be �overned bv this section. (b) As used in this Article, "electronic device"means a wireless and/or portable electronic Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 4 handheld piece of equipment that includes but is not limited to existin� and emerging mobile communication svstems and smart technolo ig es (cell phones smart phones walkie-talkies, pa�ers, etc�portable internet devices (mobile managers mobile messen�ers B1ackBenv T handset, etc.) Personal Digital Assistants (PDAs) (Palm organizers pocket PCs, etc. and any other conver�ent communication technolo�ies that do anv number of the previously mentioned functions. `Blectronic device" also includes any current or emer�in� wireless handheld technolo ieg�s or portable information technologv svstems that can be used for word processing wireless Internet access and information transmittin�/receivin�etc. Tape recorders and cameras and 4 hearin aidss shall be excluded from the definition of "electronic devices" as used in this Article. Emer�encv communication devices used by sworn police officers and medical first responders who are in attendance of a board or commission meetingt shall be in excluded from the provisions of this Article. �) Unless excused in advance bv the Chairperson of the board or commission, persons in all meetin� rooms shall turn their cell phones, or any other electronic devices to their silent mode when the Board or Commission is in session. Board or Commission members mav not send, ��, view or listen to anv electronic messa�e communications while he/she is part of the quorum for such meeting while it is in pro�ess. Anv electronic device used throu�h Citv-controlled access, which is needed durin anv Board or Commission �overned by this Article, is permitted for the pur�ose of accessin� city information, citv presentations, and to record minutes and notes.6 �d) A Board or Commission Member violates this section, if he or she refuses to comply with a verbal request of the presidins� officer of such Board or Commission to abide b�he regulations in this section. Thereafter, the Clerk, or other person desi�nated bv the Chaimerson, mav retrieve such electronic device from that individual, for the duration of the Board or Commission's public meetin� Such device shall be given back upon the end of the Board or Commission meetin�. (e) All Board and Commissions �overned bv this Article may make and implement any additional re�ulations, includin� sanctions which are not inconsistent with this Section. Section 1-. 23 of the Sotrth Bc�td Mu�iicipal Code shall not applv to this Section. 4 hrdionn Co�le 5-14-1.5-1 et seg.,sets forth the Indiana Open Door Law. In Ber�y v. Peoples Bi°ondcnsting Coip., 547 N.E.2"d 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. hrdinrta Code 5-14-3-1 et seq.,sets forth the Access to Public Records state law 5 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�vhich is designed to make some sounds louder so that a person with hearing loss can listen,communicate and participate more fully in daily activities". G 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. Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 5 Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. erek D. Dieter, Council President Gc�c�t,i G ar . White, ouncil Me er n , �,ounc' ember �' ' � ,2 � ,..w��• Timothy A. Ro, se, Council Member ; �: ohn orde, City Clerk :�l�yr.;��tt��/by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the �day of �� , 2011, at l��'`�� o'clock�c . m. _ �-�� ' Janice alboom, Deputy Clerk f� o��/y4��da�tn/.��z��/by me on the � day of , 2011, at��o'clock �.m. wr� c,.�t�� Ste en J. Luec e Mayar of the ity of South ' . ,5, �P�p;a��, t �-LZ-I o � Filed in C1�rk's �ffic� �U�LiC Fi��^{N� �-1�-1� 2S ft�.{�s��t ,.�j ;r�.��„�:� �{��—�� s s�.t�s�-�� APR �? 2 G 1 i ' OT l`,r�i:QV'�,�''. � ,cFc:REt2 ;' PASSEJ� ' �-->�`�-11 Q S� Sl�-�'��--e.�� CITYCLERK,SOUTF!BEND,fN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 75-10 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended and substituted. This bill was heard by the Council Rules and Information & Technology Committees. Timothy Rouse Chai�person, Committee of the Whole SpU TI�8� �� `��'''�';',,,�° Cit of South Bend �� '�%�d Y �. �� ,/�,� . ��ncE �� -� � Common Council M 1865 � 441 Counry-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fag (574) 235-9173 TDD (574) 235-5567 Derek D. Dieter http://www.southbendin.gov President Apri17, 2011 Oliver J. Davis Vice-President The South Bend Common Council 4th Floor County-City Building Ann Puzzello South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Substitute Bill No. 75-10 Derek D. Dieter First District Dear Council Members: Henry Davis, Jr. We are pleased to report that the attached version of Substitute Bill No. 75-10 is Second Districc ready for your finai review and passage. Thomas LaFountain Since the last regular meeting of the Common Council, revisions have been sent to Third Districc all Council Members, Mayor Luecke, City Controller Gregg Zientara, City Attorney Ann Puzzello Charles Leone, as well as all attorneys in the City Attorney's Office. This week the Fourth Districc Council Attorney received an email from our City Controller which stated in part as . follows: David Varner Fifth District "Please be informed that the City Administration is in agreement with te substitute bill as drafted...we look forward to Council passage of Oliver J. Davis Substitute Bill No. 75-10, where the Mayor, City Attorney, and City Sixch District Controller, as required, will be present at Council Committee and/or Al "Buddy' Kirsits Council Session to provide commentary and support to the Bill". At Large This ordinance will establish reasonable regulations aimed at complying with the Timochy A. Rouse State of Indiana's Open Door law and Public Records law, while attempting to keep At Large pace with the every changing technological innovations and advancements. Thank you for your assistance on these city-wide regu ti s. Karen L. White , At Large Most si r y, .Cc►•Ctn • � � � Derek D. Dieter Karen L. White Council President Council Member at Large � � � � � w� � �� Ann Puzzello Timothy A. Rouse 4th District Council Member Council Member at Large