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DISCUSSION AND ADOPTION OF POTENTIAL CHANGES TO CHAPTER 4.06 OF THE COUNCIL POLICY MANUAL
recommended action
RECOMMENDATION
This item was agendized by the Mayor pursuant to Council Policy Section 4.02.010.
The discussion relates to a potential change to Chapter 4.06 to the Council Policy Manual to allow the use of City-issued tablets in closed sessions which do not otherwise allow receipt and transmission of information.
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Summary
On August 28, 2024, the Council Legislation/Environmental Committee reviewed, provided direction, and forwarded a recommendation that Council adopt changes to Chapter 4.06.010(2) of the Council Policy Manual regarding the use of electronic devices during meetings. In September 2024, the City Council adopted a more restrictive policy which prohibited the use of electronic devices in closed session. This change was also responsive to a June 2024 Grand Jury recommendation.
This discussion allows the Council to address and potentially modify Council Policy 4.06 to permit the use of City-issued tablets in closed sessions which let the Council to view staff-uploaded documents but do not have the ability to receive or transmit information.
DISCUSSION
Background
State law does not prohibit the use of electronic communication devices, such as cell phones, tablets, or laptops, during a public meeting. Yet, such use creates the potential for government transparency and open communication issues.
The Brown Act’s open meeting law requires that matters within the City's jurisdiction be discussed by a majority of the members of a legislative body in a manner that provides access to the public. Although the Brown Act does not prohibit the sending of texts and emails during meetings, sending such communications to a majority of the body creates a risk for potential violation. Additionally, the concept of fair hearings is jeopardized when officials use electronic devices during a hearing because the decisions must be based on evidence “in the record.”
Even if the use of electronic devices during the meeting is unrelated to any given hearing or other discussion item, it can give the appearance that the body or its individual members are receiving evidence unknown to the public. Further, Councilmembers have a general duty to avoid the appearance of impropriety or inattentiveness.
As technology became more prevalent, entities recognized the need to address the use of electronic devices during public meetings and did so in a variety of ways including outright bans, discouraging such use, and requiring disclosure during the meeting in real time. Regardless of the approach, it was clear that in this new age of technology, public entities and the officials who serve, need to be mindful of the implications of using electronic devices during public meetings.
In 2013, on recommendation from the Council Legislation/Environmental Committee, the Council adopted a policy prohibiting the use of all electronic communication devices such as cell phones, tablets, and laptops, during Council meetings, except to access agenda materials (Resolution 2013-12-17-1213).
In making its recommendation, the Committee noted that: 1) Electronic communication devices can be used to receive and send messages, so there is a concern that a council member could receive information about an item then under discussion to which the rest of the Council would not be privy; and 2) If the public observes a council member looking at his/her cell phone/other electronic device during a meeting, there is a perception that the council member is not fully engaged in the matter then under discussion. Although the Committee recognized that messages might also be received on iPads, it concluded that the benefit of using such devices to access agenda materials (and thereby eliminating the need to print agenda materials) outweighed the potential for abuse.
In December 2023, the Legislation/Environmental Committee reviewed and discussed revisions to the entire council policy manual. Staff was directed to revise Section 4.06.010(2) regarding the use of electronic devices. Specifically, staff was asked to:
• Include language to allow limited flexibility in open session.
• Prohibit the use of electronic devices in closed session.
In June 2024, the Grand Jury issued a report which included a recommendation that the City amend its Closed Session policies and procedures to prohibit the use of electronic devices during closed session.
Present Situation
At the August 28, 2024, Council Legislation/Environmental Committee meeting, proposed changes to Chapter 4.06, Section 4.06.010(2) of the Council Policy Manual were discussed by the Committee and a recommendation forwarded to Council.
The original version of Council Policy 4.06.010(2) read as follows:
“USE OF ELECTRONIC COMMUNICATION DEVICES
The Council's use of electronic communication devices, such as cell phones, during a City Council meeting may lead to the public's perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, the Council's use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials that are on a Councilmember’s tablet or laptop computer, is prohibited during Council meetings.”
Attachment A includes the redline amendments presented to the Council at its September 2024 meeting, which were responsive to the Committee’s direction and the Grand Jury recommendation noted above. The Council adopted these changes on September 10, 2024, via Resolution 2024-09-10-1208, which restricted the use of all electronic devices in closed session (Attachment B).
Proposed changes to Council Policy 4.06.010(2) are shown in Attachment C for Council discussion, which would allow the use of City-issued tablets in closed sessions which do not otherwise allow receipt and transmission of information.
Conclusion
The City Council may now discuss and potentially adopt the proposed redline changes to Chapter Policy 4.06, Section 4.06.010(2) of the Council Policy Manual regarding the use of electronic devices.
Attachment A - Council Policy 4.06 (Redline 9-10-24)
Attachment B - Resolution 2024-09-10-1208
Attachment C - Council Policy 4.06 (Redline 7-29-25)