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Item 7.
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| City Council Regular | |
| Date: | 09/26/2022 |
| Title: | Resolution establishing Council committees |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review | Not Applicable |
RECOMMENDATION
Staff recommends Council adopt the resolution establishing Council committees.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
In April 2022, Councilmember Shaw presented a Council Initiative to establish a legislative and county relations committee. Since that time, Councilmembers Owen and Shaw worked together to present an updated proposal to establish a legislative, budget and finance, local affairs, and Council operations committee. They provided a draft resolution setting forth the purpose, scope, and term for the committees which was presented at the September 19 work session. City staff advised Council that a formal resolution is not necessary to create committees of Council. Council agreed the resolution is appropriate and should be placed on a regular business meeting agenda for formal consideration.
At the September 19 work session, Council members had questions about the logistics of public notice and archiving records of committee meetings. There was also a concern expressed about the committee meetings if a quorum of Council was present.
City code section 2-223 requires that any Council committees must comply with all applicable open public meetings laws. Therefore, notice of any committee meetings must be provided to the public, the public must be allowed to participate, and minutes of any meetings must be kept in accordance with the law.
In order to provide notice of any committee meetings, the committee should develop an agenda in advance of the meeting and provide it to the clerk's office for publication. The clerk's office must be advised of the meeting sufficiently in advance so that notice of the agenda can be provided to the public. This is at least 48 hours in advance of the meeting but the Clerk generally requests the agendas be published 5 business days prior to the meeting. The agenda for these committee meetings should also provide an opportunity for public comment.
To satisfy the requirements of state law and city code, minutes shall include the following:
Minutes must be open and available to the public. Following any committee meeting, the minutes should be provided to city staff so the documents can be stored and made available to the public on the City website. The City website will need to be updated to provide a webpage for Council committees with links to the agendas and minutes. If the committee decides to keep an electronic recording of the meeting as the official minutes, state law (2-3-212) requires a log or time stamp for each main agenda item for the purpose of providing assistance to the public in accessing that portion of the meeting. If the committee decides the official minutes will be a recording of the committee meeting, it will need to be determined what type of recording will be made and what type of equipment will be used to make the recordings. City Administration will need to determine which staff will be responsible for the creation of the webpage and posting/storing the materials.
It will be important for the committee members to understand the purpose and scope of the committees. It is possible that a quorum of Council members will be present at a committee meeting and any action taken by a quorum of Council is only appropriate at a regular business meeting. The proposed resolution establishing the committees sets forth the purpose and scope of the committees so that Council members appointed to each committee will understand their role as well as the purpose of the committee.
At the September 19 work session, Council members had questions about the logistics of public notice and archiving records of committee meetings. There was also a concern expressed about the committee meetings if a quorum of Council was present.
City code section 2-223 requires that any Council committees must comply with all applicable open public meetings laws. Therefore, notice of any committee meetings must be provided to the public, the public must be allowed to participate, and minutes of any meetings must be kept in accordance with the law.
In order to provide notice of any committee meetings, the committee should develop an agenda in advance of the meeting and provide it to the clerk's office for publication. The clerk's office must be advised of the meeting sufficiently in advance so that notice of the agenda can be provided to the public. This is at least 48 hours in advance of the meeting but the Clerk generally requests the agendas be published 5 business days prior to the meeting. The agenda for these committee meetings should also provide an opportunity for public comment.
To satisfy the requirements of state law and city code, minutes shall include the following:
(1) Date, time, and place of meeting;
(2) A list of the individual members of the public body, agency, or organization in attendance;
(3) The substance of all matters proposed, discussed, or decided; and
(4) At the request of any member, a record by individual members of any votes taken.
(2) A list of the individual members of the public body, agency, or organization in attendance;
(3) The substance of all matters proposed, discussed, or decided; and
(4) At the request of any member, a record by individual members of any votes taken.
Minutes must be open and available to the public. Following any committee meeting, the minutes should be provided to city staff so the documents can be stored and made available to the public on the City website. The City website will need to be updated to provide a webpage for Council committees with links to the agendas and minutes. If the committee decides to keep an electronic recording of the meeting as the official minutes, state law (2-3-212) requires a log or time stamp for each main agenda item for the purpose of providing assistance to the public in accessing that portion of the meeting. If the committee decides the official minutes will be a recording of the committee meeting, it will need to be determined what type of recording will be made and what type of equipment will be used to make the recordings. City Administration will need to determine which staff will be responsible for the creation of the webpage and posting/storing the materials.
It will be important for the committee members to understand the purpose and scope of the committees. It is possible that a quorum of Council members will be present at a committee meeting and any action taken by a quorum of Council is only appropriate at a regular business meeting. The proposed resolution establishing the committees sets forth the purpose and scope of the committees so that Council members appointed to each committee will understand their role as well as the purpose of the committee.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve
FISCAL EFFECTS
The fiscal effects include Council and city staff time and resources to make the changes required to implement the Council committees.