Public Meeting Basics for Commission and Board Members Mary D. Tietjen Kennedy & Graven, Chartered March 12, 2014

Topics to be Covered  Open Meeting Law  Data Practices  Gift Law  Conflicts of Interest  Parliamentary Procedure Basics  Social Media  Attendance  Q & A

Introduction  Role of Commissions in City Government  Appointed, not elected  Advisory to City Council  Created by and report to Council

Open Meeting Law  Applies to Council AND any committee, subcommittee, board, or commission of the City  What is a meeting?  Quorum or more of members, at which members receive or discuss information on matter that is or will come before the body  Not necessary that action be taken for it to be a meeting  Not chance or social gatherings  Usually not seminars/conferences  Be careful to avoid discussions with other Commissioners

Open Meeting Law  Meeting must be open to public  Generally must be in city limits; accessible room  Can hold meetings by “interactive television” (including via Skype); one member physically present at regular location; all members able to see and hear each other; public able to see and hear  Public must have access to agenda materials, unless protected

Open Meeting Law  Open Meeting Law sometimes ALLOWS closed meetings and sometimes REQUIRES closed meetings  Advisory bodies unlikely to conduct closed meetings; topics are generally not within their authority

Open Meeting Law  When a meeting MAY be closed:  Labor negotiations (must tape record)  Performance evaluation  Attorney-client privilege  Security briefings; financial must be open (must tape record)  Consider purchase/sale of real property (must tape record)

Open Meeting Law  When a meeting MUST be closed:  Discussion of data that identifies victims or reporters of certain crimes  Discussion of active criminal investigative data or law officer misconduct  Discussion of health data, medical data, etc.  Preliminary consideration of allegations or charges against an employee

Open Meeting: Notice Requirements  Regular meeting: post schedule; bylaws  Special meeting: 3 days’ posted and mailed notice OR publish; must state time, place and purpose of meeting; check bylaws for calling special meeting  Emergency (matters requiring “immediate” attention): must give to news media; can notify by telephone or other means; no need to post or publish  Closed meeting: must notice same as open meeting  Actual notice: anyone with 24 hours’ notice cannot complain about lack of notice

Open Meeting Law: and Social Media Concerns  Some disagreement (Dept. of Administration/Court)  Basic Assumptions  communications can violate OML where a quorum is involved and topic is city business  Same rule applies to communications via Social Media  Okay to read posts made by public or read s  Consider whether purpose of communication is to evade public discussion on the issue  General rule: Avoid discussions with each other outside of a public meeting  Consult with attorney

Open Meeting Law  Penalties:  $300 fine for member who intentionally violates  Forfeiture of office after 3 intentional violations  Attorneys’ fees to person claiming violation, up to $13,000  Court must find intent to violate

Data Practices  Data Practices statute applies to all data maintained by City  General Classifications:  Public  Private/Non-public (personnel)  Confidential/protected non-public  Not public

Data Practices  Data about appointed officials  Public data on applicants – Name, city of residence, education and training, employment, history, volunteer work, awards and honors, prior government service, veteran status  Public data on appointed officials – All of the above, plus address, telephone or , first and last dates of service, existence/status of complaints; and any final investigative reports  Forward requests to responsible authority

Gift Law  Statute/City Charter (Chapter 12 of Ethics Code)  Applies to both elected and appointed officials  Prohibits local officials from accepting gifts from “interested persons” and gifts for performance of duties  Person having a financial interest in a decision

Gift Law  Exceptions  Campaign contributions  Services to assist in performance of official duties  Services of insignificant monetary value  Plaques or memento recognizing work  Trinket or memento costing $5.00 or less  Informational material of unexceptional value

Gift Law  Exceptions (continued)  Food or beverage at a meeting where official speaks or at a national or multi-state conference  Gifts given to members of a group, the majority of whose members are not local officials and gift given to others  Gifts given by family members of the recipient  Consult with liaison or city attorney

Conflicts of Interest  State statute/city charter (Chapter 12- Code of Ethics)  Rules apply to council and commission members  General rule  Do not participate in matters in which you have a personal financial interest

Conflicts of Interest  Examples  Conflict – own property directly impacted by action or decision  No conflict – member of a church which has submitted a request or application, such as a land use application  Process  Disclose potential conflict as soon as possible (written statement or notice per charter) to city clerk  Do not participate in discussions  Do not influence others  Do not vote

Conflicts of Interest  Limited exceptions for certain types of contracts  Most apply to council  Special process for approving contracts that are exempt  Illegal contracts are void  Violations  Fines of up to $3,000  Gross misdemeanor

Parliamentary Procedure: Meeting Procedures  Will vary; no set rules  Check bylaws  Typical Process:  Attendance  Review and approve agenda  Approve minutes  Regular business – Old/New  Public Hearings  Future Agenda Items/Upcoming meetings  Other business/Announcements  Adjournment

Parliamentary Procedure: Meeting Procedures  Role of Chair  Announcing items  Staff reports as applicable  Calling for discussion or votes  Announcing results

Parliamentary Procedure: Rules  Varies from commission to commission  Robert’s Rules  Sturgis’ Standard Code of Parliamentary Procedure  Not legally required  Meant to facilitate orderly meetings/resolve disputes  Can be suspended by a 2/3rds vote; check bylaws

Parliamentary Procedure: Quorum and Voting  Check bylaws for quorum and voting requirements  A majority of the body constitutes a quorum to do business  A majority of those present is required for votes (not always so for city council)  Voice votes  Specific rules regarding abstentions  Generally, an abstention does not change the majority vote requirement  Abstentions discouraged unless a conflict exists  Proxy voting is not allowed

Common Motions  Main Motion: requires second; is debatable and amendable  Motion to amend: amends a main motion previously approved at the same meeting; requires second; is debatable and amendable; takes precedence over main motion and must be voted up or down before main motion; (an amendment accepted by the mover is “friendly amendment” and requires no second, debate or vote)  Motion to close debate: (don’t “call the question”); requires second; not debatable; requires 2/3rds vote

Common Motions  Motion to reconsider: ANYONE can make motion; the main motion is reconsidered only AFTER the motion to reconsider passes; sets aside a main motion made at same meeting and reconsiders it as though no vote had occurred  Motions that cannot be reconsidered: actions taken at a prior meeting; actions that had the effect of creating legal rights, such as a contract  Motion to Rescind or Appeal: To nullify a main motion approved at a previous meeting; debatable; cannot be amended

Common Requests/Demands  Withdrawing motion: does not require a second and is not debatable or amendable  Division of question: does not require a second and is not debatable or amendable; chair must determine that the question is actually two independent parts that can be voted on separately and are not dependent on the other

Use of Social Media  City presence on Social Media  Facebook  Twitter  You Tube  Connecting with residents and sharing information

Use of Social Media  Issues for City  Compliance with laws (OML; data practices; anti- discrimination, etc.)  Content oversight  On-line etiquette  Access to information  City Policy  Websites monitored and controlled by designated staff only  Subject to review and deletion  Contact staff liaison for posting information

Attendance  Required  Check bylaws for specific requirements  Advise chair of absences and reasons  Generally, three or more unexcused absences is cause for removal