Review and Discuss the Remote Attendance Policy

Applicable State Statutes governing remote attendance.

1. Chapter 13D.02 (regular remote attendance standards)
2. Chapter 13D.021 (emergency and pandemic-time guidance)

Current 'Interim' Policy

The Covid-19 Pandemic continues to be in effect as well as a State of Emergency declared in Minnesota. Currently, Ramsey continues to operate under Chapter 13D.021 which allows a more less restrictive use of remote meetings. 

Looking Forward: Post-Pandemic Remote Attendance

The current remote attendance policy was revised at the July 14, 2020 City Council meeting. The original policy was adopted in 2019. An 'interim' revision was approved due to the current pandemic. However, at that time, it was requested that the policy be revisited in the near future. The purpose was to reconsider the number of meetings a Councilmember or Commissioner would be permitted to attend remotely in a calendar year. The current policy provides for unlimited remote attendance.

The standards for remote meeting attendance as provided by state law are included in the attached City Attorney's memo.  However, since the time of the City Attorney's memo, Section 13D.02 was amended twice (2019 and 2020).  It should be noted that all recent and future changes in the law will supersede the policy.  The amendments changed the following:

1. Roll call votes are now required anytime a member of a board attends remotely. Previously, regular voice votes were sufficient.
2. Previously, it was required that the public official who is attending remotely had to allow the public to participate from that remote location, wherever that is. Now, the location does not have to be public IF the member is in the military and is at a required drill, deployed or on active duty, OR the member has been advised by a health care professional to not be in a public place and a state of emergency exists (or did exist within 60 days).  These two exceptions can only be used up to three times in a calendar year.  If those exceptions do not apply, the regular rule requiring public access at the remote location still applies. The remaining provisions of section 13D.02 remain in place.  Under all circumstances, the Remote Attendance Policy will follow state law.  

 
History of the City's Remote Attendance Policy

1. The policy prior to July 2020, provided for, in part:  No more than one (1) eligible user may participate in any single meeting via electronic medium.  Eligible participants for any particular meeting will be determined by the order in which notification was received by the City Administrator. An eligible user may attend a maximum of two (2) regular meetings via interactive television per year. 
2. The policy approved on July 14, 2020, provides for, in part:  There will be no maximum number of remote attendees so long as at least one (1) City Councilmember or member of a formally established commission of the City is physically present.  In the event that all members request remote attendance, eligible participants for any particular meeting will be determined by the order in which notification was received by the City Administrator.  An eligible user may attend via interactive television, an unlimited number of times per year, contingent upon the general expectation that individuals will make every practical attempt to be physically present. 

Each board and commission at the City utilizes remotely attendance slightly differently. Each individual Councilmember or Commissioner has their own level of comfort attending in person during the pandemic. The City Council previously agreed to allow attendance flexibility to remain. Staff recommends continuing to allow this flexibility until the pandemic ends. 

This is, however, an appropriate time to discuss parameters post-pandemic. It is Staff's assumption that the City Council will want to place some limitations on usage; somewhere between where we are today and the more restrictive policy that existed before the pandemic. As a starting point for discussion, Staff would recommend (post-pandemic) to increase the number of times per year to 3 times per year (matches guidance in Statute) and allow up to 2 board members to attend remotely at the same time. 

Other Considerations

1. Staff Remote Attendance
2. Applicant Remote Attendance
3. Public Remote Attendance

Staff Remote Attendance

Staff has found efficiency in allowing Staff to attend remotely. Instead of requiring a couple hours of 'dead time' waiting for meetings, Staff can pop in for a shorter amount of time and only focus on their case presentation. Staff would ask for consideration to allow limited Staff remote attendance post-pandemic. Webcams would be required (cannot join via phone only). 

Applicant Remote Attendance

Remote attendance has been especially beneficial to out-of-town Developers. Previously, out-of-town Applicants needed to incur travel expenses for short presentations. Especially for Development Proposals, the process may require 4-6 separate public meetings. Staff would ask for consideration to allow Applicants to join remotely. Webcams would be required (cannot join via phone only).

Public Remote Attendance

This aspect of remote attendance is the most challenging, especially for official Regular Meetings where formal action is taken. Staff cannot control the technological capabilities on the other end. There is a lot of 'hidden' tech support not seen at the meeting itself in order to make public remote attendance a capability. Staff is comfortable with remote attendance for workshops and Work Sessions. However, Staff would recommend that post-pandemic that public remote attendance not be allowed for Regular Meetings unless additional Staff Resources are added to the City's IT Department. The current setup is acceptable during this temporary pandemic, but is not sustainable moving forward. 

Alternatives

1. Continue current 'interim' policy until the current pandemic ends
2. Begin to revert back to original policy as directed prior to the pandemic

No additional funding is required.  

Staff is providing a two-step recommendation.

1. Staff recommends that the current 'interim' policy remain in effect until pandemic restrictions are reduced
2. Staff recommends that the 'underlying' policy be updated to place restrictions back in after the pandemic to limit remote attendance to Councilmembers/Commissioners to no more than 3 times per year and no more than 2 Councilmembers/Commissioners at the same meeting

Outcome:  For the City Council determine if changes are needed to the Remote Attendance Policy and if so, to direct staff to draft a revised policy for approval at an up coming City Council meeting.