HomeMy WebLinkAboutOrder ED-12 - Public Meeting Protocols Superseding ED-05 soz�
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CITY OF BOZEMAN,MONTANA
ORDER ED— 12
FOR COVID-19 PANDEMIC
Public Meeting Protocols
Declared this 211 day of June, 2020
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on
Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19)
Outbreak; and
WHEREAS,on March 12,2020,the Governor of the State of Montana issued Executive Order
No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the
Communicable Disease Covid-19 Novel Coronavirus; and
WHEREAS, the Health Officer and Board of Health for the Gallatin City-County Health
Department are implementing precautionary and protective measures for the citizens of the City
of Bozeman; and
WHEREAS, on March 16, 2020 the City Manager issued an Emergency Declaration
establishing certain authority and powers which such Declaration is incorporated herein; and
WHEREAS, on March 26, 2020 the Governor of the State of Montana issued a Directive
Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and
designating certain essential functions; and
WHEREAS, the Governor's Directive identifies "Essential Governmental Functions" as an
"Essential Operation", and directs Essential Operations to take proactive measures to ensure
CITY OF BOZEMAN,MONTANA
ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY
FOR COVID-19 NOVEL CORONAVIRUS
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compliance with social distancing requirements, including online and remote access where
possible; and
WHEREAS, on March 27, 2020 the Attorney General of the State of Montana issued a letter
of guidance to local governments recommending public meetings be held only for essential
business, and those public meetings be held remotely; and
WHEREAS, on March 31, 2020, the Bozeman City Manager issued Order ED-05 regarding
protocols for scheduling and holding public meetings of the Bozeman City Commission and the
various city boards and committees; and
WHEREAS, on April 22, 2020, the Governor of the State of Montana issued an Executive
Directive to implement the Reopening the Big Sky: Phased Approach - a three-phased plan that
provides guidance for reopening operations, and, on April 23, 2020 the Gallatin City/County
Health Department(GCCHD) adopted the Governor's April 22, 2020,Executive Directive; and
WHEREAS, on May 28, 2020 the GCCHD adopted Emergency Local Health Rule Relating
to Covid-19 EHR 2020-004 regarding phase reopening for Phase 2 of the Governor's reopening
plan.
NOW, THEREFORE, as City Manager of the City of Bozeman, Montana, and as chief
executive officer of the City, and pursuant to the authority vested in me by the City of Bozeman
Charter and the laws of the State of Montana, I hereby issue this Order in fulfillment of the
Emergency Declaration dated March 16, 2020.
As such, I order the following:
1. This Order supersedes and replaces Order ED-05 except for provisions of Order ED-05
related to conducting remote public meetings including sections 3, 4, 5, and 6, which
remain in effect.
2. This Order applies to all public meetings of the City Commission and all public meetings
of a City board, agency, commission, council, working group, or committee (collectively
"boards") where the majority of members are appointed by the City regardless of where a
meeting is conducted and includes boards such as the Library Board of Trustees, Parking
Commission,urban renewal and business improvement district boards,etc.This Order also
applies to other boards where City staff are not the primary liaison. This Order also applies
to the Inter-Neighborhood Council and any other entity to the extent such entities use City
facilities to conduct meetings.
CITY OF BOZEMAN,MONTANA
ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY
FOR COVID-19 NOVEL CORONAVIRUS
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3. The City of Bozeman's Pandemic Recovery and Reopening Plan — May 2020 is
incorporated herein.
4. In addition,the Governor's Directives, including phasing and the steps for each phase and
the GCCHD EHR 2020-04 are incorporated herein.
5. For the duration of the Emergency Declaration, or until superseded by subsequent order,
the City Manager must approve conducting every public meeting of a City board.The City
Manager's approval must be obtained in writing prior to scheduling the meeting or noticing
items on the meeting agenda. The City Manager may approve a public meeting if the
meeting is determined to be necessary to provide services to the public, is necessary to
fulfill legal requirements, or is in the public interest.
6. For the duration of the Emergency Declaration, or until superseded by subsequent order,
all authorized public meetings must continue to be held remotely; however, for meetings
occurring after June 1, 2020, the City Manager may authorize an in-person meeting if the
department director (or other person acting as liaison to the board) assures the City
Manager the requirements of this Order can be met.
a. To conduct an in-person public meeting, a department director (or liaison) must
ensure board members, staff, applicants, and the public comply with the applicable
guidelines of the State of Montana and the GCCHD, and the guidelines listed in
section 9, below. If, due to subject matter or other circumstances including
projected attendance, a department director determines it is impossible to comply
with each of the guidelines,the meeting, if authorized,must be held remotely.
b. Public meetings with specific agenda items noticed as required by law or through a
published agenda must be held in the manner called for in the notice. For example,
if an agenda items or meeting is scheduled for early June and was noticed as a
remote meeting, the meeting must be held as provided for in the notice — i.e.
remotely.
7. The City will not conduct a combination of in-person and remote (i.e. Webex) meetings.
A meeting must either be entirely in-person or entirely remote.
8. Remote public meetings require significant interdepartmental support. As such, if the City
Manager approves a public meeting and the meeting is to be held remotely,the department
director (or liaison) requesting the meeting must demonstrate the remote meeting can be
CITY OF BOZEMAN,MONTANA
ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY
FOR COVID-19 NOVEL CORONAVIRUS
Page 3 of 5
administered effectively by the department's own staff. If the meeting cannot be
administered by department's own staff,prior to requesting approval for the meeting from
the City Manager,the department director must obtain agreement from the City Clerk and
Information Technology Director to assist in conducting the meeting.
9. For the City Manager to authorize an in-person meeting,the department director requesting
the meeting must demonstrate how the department will ensure the following requirements
for an in-person meeting will be adhered to:
a. The maximum number of people((including commissioners,board members,staff,
applicants, and the public) that can attend an in-person meeting depends on the
capacity of the room as determined by the Director of Strategic Services based upon
the requirements of this Order including rules of the GCCHD.Notwithstanding the
above, and regardless of the capacity of the meeting room as determined by the
Director of Strategic Service, under no circumstances can an in-person meeting
occur with more than 50 (fifty)people.If at any point in the meeting the number of
persons present exceeds the room's capacity as determined by the Director of
Strategic Services, the department director (staff liaison) or board chair must end
the meeting.
b. Physical distancing between and among all attendees of no less than six feet must
be achieved and maintained at all times throughout the meeting. This includes
physical distancing between and among commissioners,board members, staff, and
the public.A department director(liaison)must ensure the physical attributes of the
meeting room (such as furniture, markings on floor, podium location, entry and
exits, etc.)facilitate and support the required physical distancing.
c. Hand sanitizer must be available at the entrance to the room where the meeting will
be held.
d. Commissioners, board members and staff are encouraged to wear face coverings
upon entering the meeting room and for the duration of the meeting. Board
members and staff should also encourage applicants and members of the public to
wear face coverings.
e. Board chairpersons and staff must remind those in attendance of these protocols at
the beginning of each agenda item.
CITY OF BOZEMAN,MONTANA
ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY
FOR COVID-19 NOVEL CORONAVIRUS
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f. If at any time during an in-person meeting the requirements of this section are not
being met the department director (staff liaison) or board chair must end the
meeting.
10. The City's established rules for taking minutes of or recording the meeting remain in effect.
11. This Order will be in place until cancelled or superseded by subsequent Order of the City
Manager.
12. Department directors must take all steps necessary to implement this Order.
13. The City Clerk must forward this Order to non-city staff liaisons such as persons serving
as liaisons to the downtown urban renewal and business improvement district and the
Bozeman Revolving Loan Fund Committee (Prospera).
Je lich. Bozeman City Manager
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ATTEST: �` O• •
Mike"Maas
City Clerk •�� 88� .'
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CITY OF BOZEMAN,MONTANA
ORDER IMPLEMENTING MARCH 16,2020 DECLARATION OF EMERGENCY
FOR COVID-19 NOVEL CORONAVIRUS
Page 5 of 5