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HomeMy WebLinkAbout22- Ordinance 2118 Remote ParticipationOrd 2118 Page 1 of 4 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 DocuSign Envelope ID: 08327230-90C4-4BA2-8136-8C4E2367D545 Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance) Page 2 of 4 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. DocuSign Envelope ID: 08327230-90C4-4BA2-8136-8C4E2367D545 Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance) Page 3 of 4 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. DocuSign Envelope ID: 08327230-90C4-4BA2-8136-8C4E2367D545 Ordinance No. 2118 (Authorizing the Establishment of Procedures for Remote Attendance) Page 4 of 4 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 DocuSign Envelope ID: 08327230-90C4-4BA2-8136-8C4E2367D545 22June28 28 22 July