Consent 1.I.
Regular City Council Meeting
- Meeting Date:
- 04/26/2010
- TITLE
- Resolution Amending City Council E-Mail Access Policy & Resolution # 09-18904
- PRESENTED BY:
- Tina Volek
- Department:
- City Hall Administration
Presentation:
PROBLEM/ISSUE STATEMENT
A City of Billings City Council E-Mail Access Policy intended to provide public access to e-mails sent to or from the Mayor and all City Council members as a group was approved by City Council Resolution No. 09-18904 on Dec. 14, 2009. The resolution and policy requires that all e-mails sent to or from the Mayor and Council be posted on the City website within one business day of receipt unless the e-mail contains content that is governed by Montana constitutional privacy rights, that is excluded by law or an attorney-client relationship from being made public, or that contains private health care or medical information.
Although other cities have e-mail procedures, the policy is believed to be the first of its type approved in a State of Montana municipality and, therefore, was found to need fine-tuning after its first quarter in use. The staff has discovered a potential for the e-mail to be used for advertisement, for language that is inappropriate for use on the City website, or for potentially defamatory or abusive comments. After reviewing posting standards from the Billings Gazette and other media websites that allow comments to be moderated, the staff recommends that the policy and resolution be amended to allow staff to edit or redact e-mails that contain these elements. The e-mails will continue to go to the Mayor and Council, who can ask as a group that items be reinstated on the website in their entirety.
Although other cities have e-mail procedures, the policy is believed to be the first of its type approved in a State of Montana municipality and, therefore, was found to need fine-tuning after its first quarter in use. The staff has discovered a potential for the e-mail to be used for advertisement, for language that is inappropriate for use on the City website, or for potentially defamatory or abusive comments. After reviewing posting standards from the Billings Gazette and other media websites that allow comments to be moderated, the staff recommends that the policy and resolution be amended to allow staff to edit or redact e-mails that contain these elements. The e-mails will continue to go to the Mayor and Council, who can ask as a group that items be reinstated on the website in their entirety.
ALTERNATIVES ANALYZED
The Council may:
- Approve a resolution amending Resolution 09-18904 and the City Council E-Mail Access Policy to allow editing or redaction of e-mails that contain commercial or political solicitation, name-calling, crude language, personal abuse or unfounded allegations; or
- Not approve amendments to the Resolution and Policy, leaving the website open to include such problems.
FINANCIAL IMPACT
There is no immediate financial impact of either action. However, the City could be subject to litigation if its website is used to make unfounded allegations against an individual.
RECOMMENDATION
Staff recommends that the Council approve amending Resolution 09-18904 and the E-mail Access Policy to allow redaction or editing of the items listed above.