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HomeMy WebLinkAboutResolutions 2025-63 - Adjusting Remote Participation for City BoardsVersion April 2020 Resolution 2025-63 Page 1 of 4 RESOLUTION 2025-63 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REESTABLISHING PROCEDURES AND CRITERIA FOR WHEN A CITY COMMISSIONER OR MEMBER OF A CITY BOARD, AGENCY, OR COMMITTEE MAY PARTICIPATE REMOTELY IN A PUBLIC MEETING. 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 City Commission adopted Resolution 5421 establishing standards related to remote participation; and WHEREAS, the Commission desires to readopt 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; specifically, the Commission desires to adjust the requirements allowing one member of a board participating remotely to qualify for purposes of determining a quorum. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Docusign Envelope ID: 8EE57B36-443D-467A-BDB5-60D408DD0148 Version April 2020 Resolution 2025-63 Page 2 of 4 SECTION 1: Pursuant to 2.02.110, BMC, the City Commission hereby establishes the following criteria that must be met and procedures that must be followed to authorize a commissioner or a member of a City board, agency, or committee to attend a public meeting through remote participation. Whenever this policy refers to a city commissioner the same criteria and procedures apply to members of City boards, agencies and committees unless a specific standard applies. 1. Remote participation may be available only upon a determination by the City Manager that the City has the technological and administrative capacity to support remote participation. 2. City commissioners are expected to attend meetings in person. 3. Remote participation means attendance by a city commissioner at any meeting of the city commission through the use of technology such as a video meeting software application. 4. Remote participation may be authorized by the presiding officer or by three commissioners not including the commissioner requesting to participate remotely. 5. Pursuant to 2.02.090, BMC, a quorum of the commission consists of three commissioners. For a commissioner to participate remotely, a quorum of the commission must be physically present in the meeting room. The presiding officer of the meeting must be physically present in the meeting room. 6. A commissioner seeking to participate in a meeting remotely must use best efforts to submit their request to the presiding officer, city manager, and city clerk at least 24 hours prior to the start of the meeting. 7. Remote participation may be authorized only under the following circumstances: a. A health condition applicable to the commissioner or a person in the commissioner’s care; b. A urgent community circumstance; or c. Business or other personal circumstances limiting the commissioner’s ability to participate in-person. 8. The Commissioner participating remotely must ensure the equipment and technology the commissioner uses meets the following: Docusign Envelope ID: 8EE57B36-443D-467A-BDB5-60D408DD0148 Version April 2020 Resolution 2025-63 Page 3 of 4 a. Each member of the commission and the public (including those in-person and attending remotely) must be able to adequately see and hear the commissioner participating remotely; b. The commissioner participating remotely must be able to adequately see and hear the other commissioners, City staff, and the public; c. The commissioner participating remotely must be able to reasonably observe all materials reviewed and discussed by the commission during the meeting; and d. The commissioner participating remotely must ensure they have a suitable location from which to participate and must ensure they do not communicate with others not in the meeting regarding matters on the agenda. 9. Telephonic participation is not authorized; however, a commissioner may be authorized to participate by telephone if during the meeting the video software application fails. 10. A commissioner may be authorized to participate remotely pursuant to any single request for no more than two consecutive meetings. A commissioner must submit a subsequent request to participate remotely for any additional meetings but in no case may a commissioner be authorized to participate remotely for more than four (4) meetings in any calendar year. 11. This policy does not authorize the City to conduct public meetings of the city commission or of a city board, agency or committee wherein the public’s only means of participation in the meeting is through remote methods. If a meeting is to occur limiting the public to only remote participation, such a decision may be made only upon a determination that public health or safety necessitates a fully remote meeting. For the city commission such a decision may be made by the presiding officer. For boards such a decision may be made by the city manager. 12. The commission hereby authorizes remote participation by members of city boards and agencies where the majority of members are appointed by the City. Prior to a board member participating remotely the City Manager must approve the board having access to remote participation. In addition: a. A majority of the minimum required quorum must be in person. The chair may consider one member participating remotely as counting toward the required quorum. b. Determinations of whether a board member can participate in a meeting remotely may be made only by the chair. Docusign Envelope ID: 8EE57B36-443D-467A-BDB5-60D408DD0148 Version April 2020 Resolution 2025-63 Page 4 of 4 c. The board member seeking to participate remotely must use best efforts to notify the city clerk, the chair, the commission liaison, and the staff liaison at least 24 hours prior to the start of the meeting. d. The presiding officer must be in person at the meeting. SECTION 2: SAVINGS CLAUSE This Resolution does not affect the rights and duties that matured, or proceedings that were begun before the effective date of this Resolution. SECTION 3: REPEALER Resolution 5421 is repealed in its entirety. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of October 2025. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 8EE57B36-443D-467A-BDB5-60D408DD0148 Certificate Of Completion Envelope Id: 8EE57B36-443D-467A-BDB5-60D408DD0148 Status: Completed Subject: Complete with Docusign: L.1 Res 2025-63 Adjusting_Remote_Paricipation_for_Brds_9_29_25_gs.pdf Source Envelope: Document Pages: 4 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 155.190.3.6 Record Tracking Status: Original 10/8/2025 2:06:20 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b060:4fa4:1485:7b6d:c6ab:804 Signed using mobile Sent: 10/8/2025 2:07:19 PM Viewed: 10/8/2025 2:27:53 PM Signed: 10/8/2025 2:28:00 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.6 Sent: 10/8/2025 2:28:01 PM Viewed: 10/8/2025 5:11:34 PM Signed: 10/8/2025 5:11:42 PM Electronic Record and Signature Disclosure: Accepted: 10/8/2025 5:11:34 PM ID: 78642d8d-83b4-4684-b4a7-e57fecbe96d7 Mike Maas Mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.112 Sent: 10/8/2025 5:11:44 PM Viewed: 10/9/2025 11:03:46 AM Signed: 10/9/2025 11:05:18 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/8/2025 2:07:19 PM Certified Delivered Security Checked 10/9/2025 11:03:46 AM Signing Complete Security Checked 10/9/2025 11:05:18 AM Completed Security Checked 10/9/2025 11:05:18 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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