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HomeMy WebLinkAbout2022-07-11 22-254 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 JULY 11, 2022 CO 22-254 Passed CITY CLERK ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 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 403-B 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 403-B 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. ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 IV. POLICY The following subsections detail the availability of remote participation by meeting type: A. PUBLIC BODIES WITH FINAL DECISION -MAKING AUTHORITY This subsection governs remote participation in public bodies that have final decision -making authority. 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 or urgent issue that requires the public body i 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. 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 than one meeting of a specific public body in a row.3 Notwithstanding the forgoing, a public body may, by majority vote, extend the three week and one meeting temporary absence remote participation allowance for a member provided that the absence remains temporary and the circumstances requiring an extension wereunforeseen. To participate remotely, a member must be able to be heard by the rest of the public body and by the public. 2 ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 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. ADVISORY PUBLIC BODIES 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 Penj aj awoc 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). Whenever meetings under this Section IV, Subsection B are able to be broadcast on Facebook live and/or the government channel, those meetings will also 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 also be provided an opportunity to attend those meeting in person unless there is an emergency or urgent issue that requires the public body to meet using remote methods. ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 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. C. SUBCOMMITTEES, WORKING GROUPS, AND ALL OTHER COMMITTEES, COMMISSIONS, BOARDS, OR OTHER PUBLIC BODIES OF THE CITY OF BANGOR 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 defaultrule. 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. PROCEDURE FOR DETERMINING EMERGENCY OR URGENT ISSUE The procedure set forth in this Section V is intended to allow the City and its public bodies to meet the notice requirements of Section VI below and Section 403-B. By way of background, the City typically posts the agendas for its public bodies on the Friday of the week prior to thosemeetings. These agendas, which are posted both online and at City Hall, serve as notice under Title 1, Section 406 of the Maine Revised Statutes ("Section 406") and the City Charter. With the background in mind, the Council Chair, in consultation with the City Manager, shall have authority to determine the existence of an emergency or urgent issue for all public bodies of the City. In determining the existence of an emergency or urgent issue, the Council Chair will use the following procedures: 4 ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 1. On the Thursday or Friday prior to any given week, the Council Chair in consultation with the City Manager will evaluate and decide whether any emergency or urgent issue that would require public bodies to meet remotely exists. In deciding whether such an emergency or urgent issue exists, the Council Chair will not be limited by the definitions of "civil emergency" contained in the Code of Ordinances or State Law. Instead, the Council Chair should apply the generally understood definitions of emergency4 or urgent issues 6 If the Council Chair decides that such an emergency or urgent issue exists, the Council Chair shall also decide whether the emergency or urgent issue requires the City bodies to meet only by remote means or if a hybrid meeting may be conducted; 2. If the Council Chair determines that an emergency or urgent issue exists, the Chair in, consultation with the City Manager, will ensure that (a) each agenda contains a notification to the public that remote participation will be available and the means through which it will be available,' and (b) that sufficient staffing and resources exist to hold the meetings remotely; and Once the Council Chair determines that such an emergency or urgent issue exists, that proper notification has been made, and that there is sufficient staffing and resources available to hold remote meetings, the Council Chair and/or city staff will notify the chairs of each of the City's public bodies that are to hold meetings in the coming week. Unless the Council Chair determined that public bodies may meet only by remote means, the individual chairs of each of the City's public bodies may determine whether to allow its members to participate remotely. If a chair chooses to allow the members of a public body to participate remotely, that chair and/or city staff will notify all members of the public body of that availability. Regardless of whether any chair allows its members to participate remotely, the public must be allowed to participate remotely once any notification of the possibility is made (including notification on any agenda). In the event of an emergency or urgent issue that arises after the Council Chair has made an initial determination that none existed, the following procedure will beused: The City Manager, a City Councilor, or the chair of any of the City's public bodies, may bring a potential emergency or urgent issue to the Council Chair's attention. The Council Chair, or in the event that a chair of a public body is unable to reach the Council Chair after multiple attempts, the chair of said body will then, in consultation with the City Manager or the public body's assigned city staff,' determine whether an emergency or urgent issue that would require remote meetings exists. If the Council Chair or, when applicable, public body chair determines that such an emergency or urgent issue exists, the Council Chair or public body chair, in consultation with the City Manager (or applicable assigned city staff), will determine (a) if there is time to provide notification to the public of the ability to attend the meeting(s) remotely, and (b) if ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 staffing and resources are available to hold a remote meeting or meetings. If there is both time to provide notification and staffing and resources are available, the City Manager and other city staff will take all steps necessary to make notification of the availability of remote participation to the public and members of the affected public bodies. If the Council Chair or public body chair decides that such an emergency or urgent issue exists, the Council Chair or, where applicable, the public body chair, shall also decide whether the emergency or urgent issue requires the City public bodies to meet only by remote means or if a hybrid meeting may be conducted. A meeting may not be changed to a remote participation only meeting when there is less than twenty-four hours available to notify the public.' When it is determined that a meeting may be conducted using remote means based upon an emergency or urgent issue after an initial determination was made by the Council Chair that no emergency or urgent issue existed, notice to the public of the availability of remote means should include posting such notice on (a) the City's Facebook Page, (b) the City's Calendar, under the particular meeting, and (c) in the lobby of City Hall, on doors of City Hall (facing outward such that the notice can be seen), and/or at the previously advertised place of the meeting. VI. 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 only remote methods of attendance. VIL 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.banRortnaine.Rov/calendar. I. 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. ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 L DURATION This Policy will remain in effect indefinitely until repealed or amended by the City Council. It is noted that the remote participation authorization for emergency or urgent issues, as is required by 30- A M.R.S.A. § 403-13, pertains to an emergency or urgent issue that affects the entire body (and not an emergency of an individual). However, it is understood that Section 403-B(2) would allow for a so-called "hybrid" meeting, in which there is both in person and remote participation by members of a public body. See 1 M.R.S. § 403-B(2) ("a public body may ... allow members of the body to participate ... using remote means .... (emphasis added)). Therefore, this Policy allows for both hybrid and entirely remote meetings under the related emergency or urgent issues. This policy also allows for the Council Chair or the chair of a public body, where appropriate, to determine that the public body meet only by remote means. z 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. '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 weekthree. 4 Two such useful definitions of emergency are as follows: (1) "a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action," and (2) "a state, especially of need for help or relief, created by some unexpected event." "Emergency." Dictionary.com. 2021 https://www.dictionary.com/ browse/emergency (17 August 2021). 'One such useful definition that may relate to an "urgent issue" is the definition of "urgency," which follows: "the quality of being very important and needing attention immediately." "Urgency." Cambridge Dictionary. 2021. https:Hdictionary.cafnbridge.org/us/ dictionary/english/urgency (17 August 2021). 6 These same standards will apply to any determination of the existence of an emergency or urgent issue under this policy, regardless of who is making such a determination. While such notices can take any form that reasonably conveys the necessary information, the following or similar language is suggested: Public participation in the meeting may be through remote means that include Zoom and the City's Facebook page. Anyone who wants to offer public comment, evidence, or testimony through remote means must attend the meeting through Zoom (Facebook is not monitored). Information on, and a link to, the Zoom meeting can be found by going to www.bangorfnaine.gov/calendar and then clicking on the meeting that you wish to attend. Links to Zoom meetings will be posted to the calendar by the day of the meeting. Additionally, Zoom links to meetings can be found under "events" on the City of Bangor's Facebook page at and clicking on the meeting ADOPTED ON AUGUST 9, 2021 BY ORDER 21-297, as amended AMENDED ON AUGUST 23, 2021 BY ORDER 21-310 AMENDED ON DULY 11, 2022 BY ORDER 22-254 (which is listed as an event) that you want to attend. Public comment through Zoom requires a person to state their name and address. Any inappropriate or offensive remarks may be removed or cause removal of the person making them. The public may be recognized to speak by using the hand wave function in Zoom or, on a phone, by pressing *9. The above language should be adjusted based upon whether the meeting is a hybrid meeting or a remote only meeting. 'Which Staff Member must make all reasonable attempts to contact the City Manager, Acting City Manager, or other senior city staff. 9 This minimum twenty-four hour notice provision does not apply to emergency meetings as provided for in Section 406 when the standards of Section 406 are met. Title 1: GENERAL PROVISIONS Chapter 13: PUBLIC RECORDS AND PROCEEDINGS Subchapter 1: FREEDOM OF ACCESS §403-13. Remote participation in public proceedings I. Remote participation. This section governs remote methods of participation in public proceedings of certain public bodies. For the purposes of this section, "remote methods" means telephonic or video technology allowing simultaneous reception of information and may include other means when such means are necessary to provide reasonable accommodation to a person with a disability. Public proceedings may not be conducted by text - only means such as e-mail, text messages orchatfu nctions. [PL 2021, c. 290, §1 (NEW).] 2. Requirements. A public body subject to this subchapter may allow members of the bodyto participate in a public proceeding using remote methods only underthe following conditions: A. After notice and hearing the body has adopted a written policy governing the conditions upon which membersofthe body and the public may participate in a public proceeding of that body by remote methods; [PL 2021, c. 290, §1 (NEW).] B. The policy adopted pursuant to paragraph A (../1/title1sec403-B.html) must provide that members of the body are expected to be physically present for public proceedings except when being physically present is not practicable. Circumstances in which physical presence for one or more members is not practicable may include: (1) The existence of an emergency or urgent issue that requires the public body to meet by remote methods; (2) Illness, other physical condition or temporary absence from the jurisdiction of the body that causes a memberof the body to face significant difficulties traveling to and attending in person at the location in the notice under section 406 (../1/title1sec406.html); (3) With respect to a public body with statewide membership, significant distance a member must travel to be physically present at the location in the notice under section 406 (../1/title1sec406.html); and (4) The area of the public body's jurisdiction includes geographic characteristics that impede or slow travel, including but not limited to islands not connected by bridges; [ PL 2 021, c. 290, §1 (NEW).] C. The policy adopted pursuant to paragraph A (../1/title1sec403-B.html) must provide members of the public a meaningful opportunity to attend by remote methods when members of the body participate by remote methods, and reasonable accommodations may be provided when necessary to provide access to individuals with disabilities; [PL 2021, c. 290, §1 (NEW) .] D. If the body allows or is required to provide an opportunity for public input during the proceeding, an effective means of communication between the members of the bodyand the publicmust be provided; [PL 2021, c. 290, §1 (NEW).] E. Notice of the proceeding must be provided in accordance with section 406 (../1/title1sec406.html). When the public may attend by remote methods pursuant to paragraphs C (../1/title1sec403-B.html) and D (../1/title1sec403-B.html), the notice must include the means by which members of the public may access the proceeding using remote methods. The notice must also identify a location for members of the public to attend in person. The body may not determine that public attendance at a proceeding will be limited solely to remote methods except under the conditions in paragraph B (../1/title1sec403-B.html), subparagraph (1); [PL 2021, c. 290, §1 (NEW).] F. A member of the bodywho participates in a public proceeding by remote methods is presentfor purposes of a quorum and voting; [PL 2 02 1, c. 290, §1 (NEW) .] G. All votes taken during a public proceeding using remote methods must be taken by roll call vote that can be seen and heard if using video technology, and heard if using only audio technology, by the other members of the public body and the public; and [PL 2021, c. 290, §1 (NEW) . ] H. The public body must make all documents and other materials considered by the public body available, electronically or otherwise, to the public who attend by remote methods to the same extent customarily available to members of the public who attend the proceedings of the public body in person, as long as additional costs are not incurred bythe public body. [PL 2021, c. 290, §1 (NEW) . ] [PL 2021, c. 290, §1 (NEW).] 3. Remote participation not permitted. This section does not authorize town meetings held pursuant to Title �rrt♦ section 2524 (../30-A/title30-Asec2524.html) or regional school unit budget meetings held pursuant to Title 20 A-„1../20-A/title20-Asecl482-Ahtml) to be conducted using remote methods. [PL 2021, c. 290, §1 (NEW).] 4. Application. This section does notapplyto: A. The Legislature; or [PL 2 02 1, c. 290, §1 (NEW) . ] B. A public body to which specific statutory provisions for remote participation apply. [ PL 2 021, c. 290, §1 (NEW).] [PL 2021, c. 290, §1 (NEW).] SECTION HISTORY PL 2021, c. 290, §1 (NEW) The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney. Office of the Revisor of Statutes (mailto:webmaster ros(d).legislature. main e.gov) 7 State House Station State House Room 108 Augusta, Maine 04333-0007 Dataforthispageextractedon 11/18/202108:05:59.