HomeMy WebLinkAbout22- Ordinance 2118 Remote ParticipationOrd 2118
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ORDINANCE 2118
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 2.02.110, BOZEMAN MUNICIPAL CODE, TO
AUTHORIZE THE CITY COMMISSION TO ADOPT PROCEDURES AUTHORIZING
REMOTE ATTENDANCE BY MEMBERS OF THE COMMISSION AND CITY BOARDS
AT PUBLIC MEETINGS.
WHEREAS, pursuant to 2-3-103, MCA, and the Montana Constitution, the City of
Bozeman must establish procedures for permitting and encouraging the public to participate in
decisions of the City Commission and of the City’s boards, committees, or agencies that are of
significant interest to the public; and
WHEREAS, the City has adopted such procedures through Chapter 2, Article 2, Bozeman
Municipal Code, among others; and
WHEREAS, the Commission desires to adopt procedures to authorize members of the
commission and the City’s boards, committees, and agencies to participate remotely under specific
circumstances and conditions while ensuring such remote participation fulfills the City’s
obligation to permit and encourage public participation.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 2.02.110, BMC shall be amended to read as follows:
Sec. 2.02.110. Open meetings, remote meetings, and email.
A. Except for properly called executive sessions as permitted by state law, all meetings of
the city commission must shall be open to the public and media, freely subject to recording
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Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance)
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by radio, television and photography at any time, provided that such arrangements do not
interfere with the orderly conduct of the meetings.
B. The city commission may by resolution adopt procedures authorizing remote attendance
by commissioners at public meetings. Such rules must establish procedures and criteria
for when a commissioner may participate remotely and the manner in which remote
participation must occur, including any technological requirements. The commission may
by resolution authorize remote attendance by members of city boards.
C. A majority of the commission shall not conduct synchronized email discussions involving
a matter over which the commission has supervision, control, jurisdiction, or advisory
power. Synchronized email discussions are email exchanges among three or more
commissioners within minutes of each other that create the quality of simultaneity similar
to instant messaging or chat room discussions. Such discussions are characterized as an
active exchange of information rather than the passive receipt of information. An example
of synchronized email discussion would be three commissioners sitting at their computers
and instantly exchanging emails concerning city business, whereas a passive receipt of
information is where a commissioner receives an email and responds in the normal course
of time similar to responding by letter received in the mail. The commission shall not
view emails or other electronic communication mechanisms concerning any matter on the
agenda during a city commission meeting unless the submission is part of a specifically
approved and adopted electronic public testimony program. Electronic communication
mechanisms include text messaging or any other emerging technology that violates the
spirit of open meeting laws. This does not preclude viewing emails or electronic
communication mechanisms that were received prior to the commission meeting. Emails
received by commissioners concerning an agenda item shall be forwarded to the city clerk
and retained in accordance with the city's retention policy.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance)
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Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance)
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 14th day of June, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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