HomeMy WebLinkAboutResolution 5421 Remote ParticipationVersion April 2020
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RESOLUTION 5421
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING 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 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 RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
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.
DocuSign Envelope ID: 5C641506-4A72-4BFB-B0C1-2007FDDAF473
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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.
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:
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
DocuSign Envelope ID: 5C641506-4A72-4BFB-B0C1-2007FDDAF473
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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 quorum of the board must be in person.
b. Determinations of whether a board member can participate in a meeting remotely
may be made only by the chair.
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.
DocuSign Envelope ID: 5C641506-4A72-4BFB-B0C1-2007FDDAF473
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 5C641506-4A72-4BFB-B0C1-2007FDDAF473
14 June