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HomeMy WebLinkAbout2021-08-09 21-297 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: IN CITY COUNCIL AUGUST 9,2021 CO 21-297 Motion made and seconded for Passage Motion made and seconded to Amend by Substitution the Exhibit to Council Order 21-297 Passed to Amend Motion made and seconded to Open Public Hearing Public Hearing Opened Motion made and seconded to Close Public Hearing Public Hearing Close Motion made and seconded for Passage as Amended Doubted Vote: 7—1 Councilors Voting Yes: Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague Councilors Voting No: Tremble Passed as Amended a X4�-v CI Y CLERK ADOPTED BY ORDER 21-297, as amended AUGUST 9, 2021 CITY OF BANGOR REMOTE PARTICIPATION POLICY Pursuant to Title 1, Section 403-B of the Maine Revised Statutes (Section 403-B), and after public notice and a hearing, the Bangor City Council hereby adopts the following policy to govern the participation, via remote methods, in all public proceedings or meetings of the City of Bangor. I. BACKGROUND The City has several public bodies that are subject to the public meetings laws of the Maine Revised Statutes (Title 1, Chapter 13 of those statutes). Those public bodies include boards, commissions, and committees as well as the City Council. Generally, the public bodies can be separated into three categories, which are as follows: (A) those with final decision-making authority, (B) advisory committees, and (C) subcommittees or working groups. This Policy will set the guidelines for Bangor’s remote participation according to those three categories of meetings. The purpose of this Policy is to further participation in meetings and balance said participation with staffing concerns. II. LEGAL AUTHORITY Section 430-B was adopted on June 1, 2021 by emergency and thus became immediately effective. This statute generally allows for remote participation by the public in City proceedings but only allows for the members of a public body to attend remotely in limited circumstances. This Policy will guide when members of the public may participate in proceedings remotely in City proceedings and when members of the public body may do the same. It is intended to comply with Section 430-B. III. POSSIBLE MEANS OF REMOTE PARTICIPATION Remote methods of participation may include telephonic or video technology allowing simultaneous reception of information and may include other means necessary to accommodate disabled persons. Remote participation will not be by text-only means, such as e-mail, text messages, or chat functions. Throughout the 2020-2021 COVID-19 related State of Emergency, the City used Facebook Live, the local government television channel, the City website, and internet-based meeting software (Zoom) to offer public participation. Public comment was only available through the use of Zoom (Facebook Live was not and is not monitored). When available (as detailed below), the same remote means will be offered on the same conditions. Note that those conditions include that comment is only available through the internet-based meeting software (which will likely be Zoom, but may change) and that Facebook Live is not monitored. IV. POLICY The following subsections detail the availability of remote participation by meeting type: 1 ADOPTED BY ORDER 21-297, as amended AUGUST 9, 2021 A. P UBLIC B ODIES W ITH F INAL D ECISION-M AKING A UTHORITY This subsection governs remote participation in public bodies that have final decision-making authority as well as many of the committees of the City Council. Specifically, this subsection governs the meetings of the following public bodies: (1) the City Council, (2) the Planning Board, (3) the Historic Preservation Commission, (4) the Finance Committee (5) the Business and Economic Development Committee (6) the Infrastructure Committee, (7) the Airport Committee, (8) the Government Operations Committee, (9) the Board of Appeals, (10) the Board of Assessment Review, and (11) the Registration Appeals Board. Members Members of the Council and the above boards, committees, and commissions are expected to be physically present for meetings except when not practicable, such as in the case of an emergency 1 or urgent issue that requires the public body to meet via remote methods, or an illness of a member (or that member’s dependent or other family or household member) or temporary absence, from the City, of a member that causes significant difficulty traveling to the meeting location. The chair or other presiding officer of the public body, in consultation with other members of that public body if appropriate and possible, will decide if remote methods of participation are necessary in as timely a manner as possible under the circumstances. A member who is unable to attend a meeting in person will notify the chair or other presiding officer as far in advance as possible. 2 No member may participate remotely based upon a temporary absence from the City if that absence extends beyond three weeks in time, and no member may participate remotely for more 3 than one meeting of a specific public body in a row. Notwithstanding the forgoing, a public body may, by majority vote, extend the three week and one 1 It is noted that the remote participation authorization for emergency or urgent issues, as is required by 30- A M.R.S.A. § 403-B, pertains to an emergency or urgent issue that affects the entire body and not a single member. 2 It is noted that this restriction applies to remote participation by a member of a public body based upon a temporary absence from the City. It does not apply to remote participation based upon an illness or emergencies or urgent issues that apply to the entire public body. It is acknowledged that an illness (or generally applicable emergencies or urgent issues) may be immediately before, after, or during the temporary absence of a single member and that remote participation that is based upon said illness, emergency, or urgent issues will not be calculated in the time frame allowed for the remote participation of that member due to a temporary absence from the City. 3 To be clear, this means that a councilor may attend a council meeting in week one of a temporary absence and a government operations committee meeting in week two of the same absence, and a finance committee meeting in week three. 2 ADOPTED BY ORDER 21-297, as amended AUGUST 9, 2021 meeting temporary absence remote participation allowance for a member provided that the absence remains temporary and the circumstances requiring an extension were unforeseen. To participate remotely, a member must be able to be heard by the rest of the public body and by the public. Public Meetings of the public bodies identified in this section will, at all times and regardless of whether a member of the public body is participating remotely, be (1) broadcast on Facebook Live, (2) televised on the government channel, and (3) be broadcast through internet-based meeting software (e.g., Zoom) in such a way as to allow the public to offer comment. The public will additionally be provided an opportunity to attend the meeting in person unless there is an emergency or urgent issue that requires the public body to meet using remote methods. B. A DVISORY P UBLIC B ODIES This subsection governs remote participation in public bodies that are not governed by Section IV, Subsection A above and are advisory in nature. Specifically, this subsection governs the meetings of the following public bodies: (1) the Commission on Cultural Development, (2) the Penjajawoc Marsh/Bangor Mall Management Commission, (3) the Downtown Parking Advisory Committee, (4) the Advisory Committee on Racial Equity, Inclusion and Human Rights, (5) the Tree Board, (6) the Parks and Recreation Advisory Committee, (7) the Firearms Discharge Committee, and (8) the Board of Ethics. Members Due to staffing concerns, remote participation for members of these public bodies is and will not generally be available. Participation for these public bodies under Section 403-B will be in person. Public Where possible, meetings under this Section IV, Subsection B will be broadcast on Facebook live and/or the government channel. These meetings will also be recorded (audio and, where possible, video). Exception During Emergency When an emergency or urgent issue exists that does or would require the City Council to meet entirely by remote means, the public bodies covered by this Section IV, Subsection B may meet remotely provided that members of the public are offered the same meaningful opportunity to attend remotely as members of the public body, which means will allow for communication, when appropriate, between the public and the public body. 3 ADOPTED BY ORDER 21-297, as amended AUGUST 9, 2021 C. S UBCOMMITTEES, W ORKING G ROUPS, AND A LL O THER C OMMITTEES, C OMMISSIONS, B OARDS, OR O THER P UBLIC B ODIES OF THE C ITY OF B ANGOR This subsection governs remote participation for all subcommittees and working groups as well as all other Committees, Commissions, Boards or other public bodies of the City that were not listed above. As such, this subsection is the default rule. Members Due to staffing concerns, remote participation for members of these public bodies is and will not generally be available. Participation for these public bodies will be in person. Public Due to staffing concerns, remote participation for the public for meetings governed by this subsection will not be available. Except for executive or other confidential sessions, the public is welcome to attend in person at the time and place of the meetings as advertised and noticed. Exception During Emergency When an emergency or urgent issue exists that does or would require the City Council to meet entirely by remote means, the public bodies covered by this Section IV, Subsection C may meet remotely provided that members of the public are offered the same meaningful opportunity to attend remotely as members of the public body, which means will allow for communication, when appropriate, between the public and the public body. V. NOTICE Notice of all meetings will be provided in accordance with Title 1, Section 406 of the Maine Revised Statutes, and the City Charter, City Code or policy, if applicable. When the public may attend via remote methods, the notice will include the means by which the public may access the meeting remotely and will provide a method for disabled persons to request necessary accommodation to access the meeting. Notice will also identify the location where the public may attend the meeting in person. The public body will not restrict in person, public attendance to meetings except in the case of an emergency or urgent issue that requires it to meet using remote methods of attendance. VI. MEETING MATERIALS When remote participation is allowed under this Policy, the public body will make all documents and materials to be considered by it during a meeting available, electronically or otherwise, to the public who attend remotely to the same extent customarily available to the public who attend in person, provided no additional costs are incurred. Generally, this will be done through the calendar on the City’s website, which can be found at www.bangormaine.gov/calendar. VII. VOTES All votes taken during a meeting of a public body in which a member is participating through remote methods will be by roll call vote that can be seen and heard if using video technology, or heard if using audio technology only, by other members of the public body and the public. A member of the public body who participates remotely will be considered present for purposes of 4 ADOPTED BY ORDER 21-297, as amended AUGUST 9, 2021 establishing a quorum and voting. VIII. DURATION This Policy will remain in effect indefinitely until repealed or amended by the City Council. 5 ADOPTED BY ORDER 21-297 AUGUST 9, 2021 CITY OF BANGOR REMOTE PARTICIPATION POLICY Pursuant to Title 1, Section 403-B of the Maine Revised Statutes (Section 403-B), and after public notice and a hearing, the Bangor City Council hereby adopts the following policy to govern the participation, via remote methods, in all public proceedings or meetings of the City of Bangor. I. BACKGROUND The City has several public bodies that are subject to the public meetings laws of the Maine Revised Statutes (Title 1, Chapter 13 of those statutes). Those public bodies include boards, commissions, and committees as well as the City Council. Generally, the public bodies can be separated into three categories, which are as follows: (A) those with final decision-making authority, (B) advisory committees, and (C) subcommittees or working groups. This Policy will set the guidelines for Bangor’s remote participation according to those three categories of meetings. The purpose of this Policy is to further participation in meetings and balance said participation with staffing concerns. II. LEGAL AUTHORITY Section 430-B was adopted on June 1, 2021 by emergency and thus became immediately effective. This statute generally allows for remote participation by the public in City proceedings but only allows for the members of a public body to attend remotely in limited circumstances. This Policy will guide when members of the public may participate in proceedings remotely in City proceedings and when members of the public body may do the same. It is intended to comply with Section 430-B. III. POSSIBLE MEANS OF REMOTE PARTICIPATION Remote methods of participation may include telephonic or video technology allowing simultaneous reception of information and may include other means necessary to accommodate disabled persons. Remote participation will not be by text-only means, such as e-mail, text messages, or chat functions. Throughout the 2020-2021 COVID-19 related State of Emergency, the City used Facebook Live, the local government television channel, the City website, and internet-based meeting software (Zoom) to offer public participation. Public comment was only available through the use of Zoom (Facebook Live was not and is not monitored). When available (as detailed below), the same remote means will be offered on the same conditions. Note that those conditions include that comment is only available through the internet-based meeting software (which will likely be Zoom, but may change) and that Facebook Live is not monitored. IV. POLICY The following subsections detail the availability of remote participation by meeting type: 1 ADOPTED BY ORDER 21-297 AUGUST 9, 2021 A. P UBLIC B ODIES W ITH F INAL D ECISION-M AKING A UTHORITY This subsection governs remote participation in public bodies that have final decision-making authority as well as many of the committees of the City Council. Specifically, this subsection governs the meetings of the following public bodies: (1) the City Council, (2) the Planning Board, (3) the Historic Preservation Commission, (4) the Finance Committee (5) the Business and Economic Development Committee (6) the Infrastructure Committee, (7) the Airport Committee, (8) the Government Operations Committee, (9) the Board of Appeals, (10) the Board of Assessment Review, and (11) the Registration Appeals Board. Members Members of the Council and the above boards, committees, and commissions are expected to be physically present for meetings except when not practicable, such as in the case of an emergency 1 or urgent issue that requires the public body to meet via remote methods, or an illness of a member (or that member’s dependent or other family or household member) or temporary absence, from the City, of a member that causes significant difficulty traveling to the meeting location. The chair or other presiding officer of the public body, in consultation with other members of that public body if appropriate and possible, will decide if remote methods of participation are necessary in as timely a manner as possible under the circumstances. A member who is unable to attend a meeting in person will notify the chair or other presiding officer as far in advance as possible. 2 No member may participate remotely based upon a temporary absence from the City if that absence extends beyond three weeks in time, and no member may participate remotely for more 3 than one meeting of a specific public body in a row. Notwithstanding the forgoing, a public body may, by majority vote, extend the three week and one 1 It is noted that the remote participation authorization for emergency or urgent issues, as is required by 30- A M.R.S.A. § 403-B, pertains to an emergency or urgent issue that affects the entire body and not a single member. 2 It is noted that this restriction applies to remote participation by a member of a public body based upon a temporary absence from the City. It does not apply to remote participation based upon an illness or emergencies or urgent issues that apply to the entire public body. It is acknowledged that an illness (or generally applicable emergencies or urgent issues) may be immediately before, after, or during the temporary absence of a single member and that remote participation that is based upon said illness, emergency, or urgent issues will not be calculated in the time frame allowed for the remote participation of that member due to a temporary absence from the City. 3 To be clear, this means that a councilor may attend a council meeting in week one of a temporary absence and a government operations committee meeting in week two of the same absence, and a finance committee meeting in week three. 2 ADOPTED BY ORDER 21-297 AUGUST 9, 2021 meeting temporary absence remote participation allowance for a member provided that the absence remains temporary and the circumstances requiring an extension were unforeseen. To participate remotely, a member must be able to be heard by the rest of the public body and by the public. Public Meetings of the public bodies identified in this section will, at all times and regardless of whether a member of the public body is participating remotely, be (1) broadcast on Facebook Live, (2) televised on the government channel, and (3) be broadcast through internet-based meeting software (e.g., Zoom) in such a way as to allow the public to offer comment. The public will additionally be provided an opportunity to attend the meeting in person unless there is an emergency or urgent issue that requires the public body to meet using remote methods. B. A DVISORY P UBLIC B ODIES This subsection governs remote participation in public bodies that are not governed by Section IV, Subsection A above and are advisory in nature. Specifically, this subsection governs the meetings of the following public bodies: (1) the Commission on Cultural Development, (2) the Penjajawoc Marsh/Bangor Mall Management Commission, (3) the Downtown Parking Advisory Committee, (4) the Advisory Committee on Racial Equity, Inclusion and Human Rights, (5) the Tree Board, (6) the Parks and Recreation Advisory Committee, (7) the Firearms Discharge Committee, and (8) the Board of Ethics. Members Due to staffing concerns, remote participation for members of these public bodies is and will not be available. Participation for these public bodies under Section 403-B will be in person. Public Where possible, meetings under this Section IV, Subsection B will be broadcast on Facebook live and/or the government channel. These meetings will also be recorded (audio and, where possible, video). C. S UBCOMMITTEES, W ORKING G ROUPS, AND A LL O THER C OMMITTEES, C OMMISSIONS, B OARDS, OR O THER P UBLIC B ODIES OF THE C ITY OF B ANGOR This subsection governs remote participation for all subcommittees and working groups as well as all other Committees, Commissions, Boards or other public bodies of the City that were not listed above. As such, this subsection is the default rule. Members Due to staffing concerns, remote participation for members of these public bodies is and will not 3 ADOPTED BY ORDER 21-297 AUGUST 9, 2021 be available. Participation for these public bodies will be in person. Public Due to staffing concerns, remote participation for the public for meetings governed by this subsection will not be available. Except for executive or other confidential sessions, the public is welcome to attend in person at the time and place of the meetings as advertised and noticed. V. NOTICE Notice of all meetings will be provided in accordance with Title 1, Section 406 of the Maine Revised Statutes, and the City Charter, City Code or policy, if applicable. When the public may attend via remote methods, the notice will include the means by which the public may access the meeting remotely and will provide a method for disabled persons to request necessary accommodation to access the meeting. Notice will also identify the location where the public may attend the meeting in person. The public body will not restrict in person, public attendance to meetings except in the case of an emergency or urgent issue that requires it to meet using remote methods of attendance. VI. MEETING MATERIALS When remote participation is allowed under this Policy, the public body will make all documents and materials to be considered by it during a meeting available, electronically or otherwise, to the public who attend remotely to the same extent customarily available to the public who attend in person, provided no additional costs are incurred. Generally, this will be done through the calendar on the City’s website, which can be found at www.bangormaine.gov/calendar. VII. VOTES All votes taken during a meeting of a public body in which a member is participating through remote methods will be by roll call vote that can be seen and heard if using video technology, or heard if using audio technology only, by other members of the public body and the public. A member of the public body who participates remotely will be considered present for purposes of establishing a quorum and voting. VIII. DURATION This Policy will remain in effect indefinitely until repealed or amended by the City Council. 4 IN CITY COUNCIL AUGUST 9,2021 CO 21-297 Motion made and seconded for Passage Motion made and seconded to Amend by Substitution the Exhibit to Council Order 21-297 Passed to Amend Motion made and seconded to Open Public Hearing Public Hearing Opened Motion made and seconded to Close Public Hearing Public Hearing Closed Motion made and seconded for Passage as Amended Passed as Amended 'Z—),) (,;,4;�LZ.6:�L CI CLEW