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5.j) Staff Report-Guidelines for Paperless Meeting Packet and Electronic Communications between Council Members \ \ � � l, +� (�`r`-�J " SCANDIA Staff Renort Date of Meeting: March 19, 2013 To: City Council From: Kristina Handt, City Administrator Re: Guidelines for Paperless Meeting Packet and Electronic Communications between Council Members Agenda Item#: 5 j) Background: Included in the City Council Handbook given to each new member was a copy of the Guidelines for Electronic Communications between Council Members as provided by the League of Minnesota Cities. The City of Scandia has never formally adopted these guidelines. Given that these guidelines contain information that would also be relevant when the City moves to paperless meeting packets, staff used the League guidelines as a starting point and added sections pertaining to meeting packets and the use of netbooks. Issue: Should the City adopt guidelines for the implementation of paperless meeting packets and electronic communications between Council members? Proposal Details: Included in your packet is a draft of the guidelines. Language was changed in bullet point four under Procedures for Implementing Paperless Meeting Packets to address the issue raised by Council member Ness at the work session. It now allows for the use of netbooks, City-owned or personal device at meetings. Some members had expressed an interest in using their personal laptops as well so this accommodates that usage. The guidelines suggest one-way electronic communications of ineeting materials from the city clerk to the Council, identifies the procedures for paperless meeting packets (Council and staff must use the netbooks or other devices, documents will be available Friday afternoons, consultants should provide electronic copies and only one paper copy will be printed to comply with the Data Practices Act), addresses electronic communication during and outside of Council meetings, discusses the classification and retention of electronic communications, and provides some security measures. Fiscal Impact: None at this time as the devices were budgeted for and purchased in 2013. Replacement costs for the future will be a consideration at that time. Options: 1) Approve the Guidelines 2) Amend and then Approve the Guidelines 3) Take no action on the Guidelines Recommendation: Option 1. Guidelines for Paperless Meeting Packets and Electronic Communications between Council Members in the City of Scandia These guidelines apply to all members of the city council and all members of council and city committees, commissions, sub-committees, etc. in the City of Scandia. For purposes of these guidelines,reference to council members includes members of all other city committees and groups subject to the Open Meeting Law. Reference to the council shall include all such groups and meetings. For purposes of these guidelines, "electronic means"means email, instant messaging, chatrooms, social media,microblogs and related electronic conversation. For purposes of these guidelines, "city clerk"means the city clerk,manager, administrator or his /her designee. These guidelines apply regardless of whether the council member is using a city-provided email address and account,his/her personal email address or account, or one provided by his/her employer; and to all social media accounts to which a council member posts. The purpose of the paperless meeting packet guidelines is to use technologies to save City Funds, Staff time,better communicate with the public and allow for a more eco-way of providing government through the use of innovative technologies. The City has committed itself to more efficient, greener, innovative procedures using technologies. Paperless agendas and the related devices is one tool to help the City of Scandia accomplish these goals. Additionally,these guidelines will set out the proper procedures the City Council, committee, and commission members, and staff will follow when using electronic media and the City's electronic communication system. These guidelines will also insure that the use of electronic media complies with applicable law, including but not limited to the Minnesota Open Meetings Law and Government Data Practices Act. MEETING MATERIALS Electronic communication of ineeting materials should generally be conducted in a one-way communication from the city clerk to the council. • Council members may receive agenda materials,background information, and other meeting materials via email attachment or other electronic means(such as file sharing) from the city clerk. • If a council member has questions or comments about materials received, s/he should inquire via electronic means directly back to the city clerk. A council member should not copy other committee members on his/her inquiry. • If the clarification is one of value to other council members,the city clerk may send follow-up materials or information to the council. PROCEDURES FOR IMPLEMENTING PAPERLESS MEETING PACKTES • One netbook will be available for each City Council, commission or committee member. Each Netbook shall be labeled for use by staff or Council member. • All netbooks remain the property of the City of Scandia. All electronic data, communications, and information, including information transmitted or stored on the electronic systems of the City,remain the property of the City. Assigned devices shall be used in an appropriate and professional manner at all times. The use of language inappropriate to the work place is prohibited. • Information pertaining to one or more scheduled meetings items (i.e. meeting "packets") shall be regularly available on Google Docs or via Email Transmission. • All City Council members will be required to use the netbook or other City-owned or personal device to read and download information at meetings from Google Docs. At no time will paper copies be distributed after the devices have been assigned to the Council. • Upon receipt of an email from the City Clerk's office, City Council, commission or committee members shall be individually responsible for viewing the meeting's packet and to review their packet in advance of the scheduled meeting. • Meeting information will be available via Google Docs for City Council members and Staff by 4:00 p.m. the Friday prior to the meeting or equivalent day. Special meetings packet will be available 48 hours ahead of time. On the day of the meeting the most current packet will be available by the start of the meeting via Google Docs. • Council Packets will be posted online for the public no later than 5:00 p.m. the Friday prior to the Council Meeting. • The media will be required to go online to access information on the City Council Meeting as the public will. • All Consultants,Vendors and the Public must submit reports,or requests in a PDF or MS Word digital format or other format requested by the City. • The City of Scandia will accept limited copies of reports or studies from the various Consultants, Vendors and the Public. • Materials relating to agenda items of a meeting must also be made available to the public at the meeting. One paper copy of the meeting packet will be made available at the meeting to comply with the Minnesota Government Data Practices Act. COMMUNICATION DURING COUNCIL MEETINGS • Council members should not communicate with one another via electronic means during a public meeting. • Council members should not communicate with any member of city staff via electronic means during a public meeting. ' • Council members should not communicate with the public via electronic means during a public meeting. COMMUNICATION OUTSIDE OF COUNCIL MEETINGS � Council members should generally act with caution when using electronic means to communicate with one another,being mindful of the Minnesota Open Meeting Law. • If a council member wishes to share information with other members, s/he should do so through the city clerk. The council member may request the city clerk distribute materials to others. The communication should not invite response to or discussion between any council members, including replies to the person making the distribution request. This should be considered a method for providing one-way information to other members of the council. Again remember that materials relating to agenda items for city business must be provided to the public at the meeting. • If a council member wishes to address only one other member through electronic means on any topic related to city business, s/he can do so directly,but should be mindful of the following: ➢ One-to-one communication is ideal. ➢ The recipient of an electronic message or inquiry should reply only to the sender, should not copy others on the reply and should not forward the original communication to other council members. ➢ The sender of an electronic message should not forward or copy the recipient's reply to any other council member. ➢ Neither the recipient or sender should publish such correspondence on any blogs or other social media site unless it is part of an official communication of the whole of the Council, and part of the city-managed electronic communication strategy. • If a council member receives an electronic communication from any source related to city business and distributed to multiple council members (i.e. an email sent to the entire council from a member of the public; or an email sent to three council members from a local business), s/he should reply only to the sender. The reply should not be copied to all on the original distribution or forwarded to any other council member. • If a council member receives listserv distributions, electronic newsletters, or participates in electronic discussion forums, chatrooms,or on Facebook, Twitter or blogs where other council members are also likely to participate,the council member should not reply to any distribution or comment so that the reply is copied to the entire distribution group, or any part of the group that might include other council members. The council member should instead respond only to the sender of any message or inquiry. CLASSIFICATION AND RETENTION OF ELECTRONIC COMMUNICATIONS • Regardless of whether electronic communication by a council member is taking place on a city-provided computer, home computer or other computer system, classification of information as public, private or other is governed by the Minnesota Government Data Practices Act(Minn. Stat. Chapt. 13) and should be treated accordingly. • Council members should retain electronic communications in keeping with city policies and procedures, whether such communication takes place on a city-provided computer,home computer or other computer system. • City Council members may occasionally receive private or non-public electronic information. Some examples of non-public information are: personnel records, internal investigations, information relating to litigation or potential litigation, attorney-client communication, information relating to labor negotiations, or information relating to confidential real estate negotiations. When Council members receive private or non-public information, it should be marked "Private Information" or"Non-Public Data" so that Council and Commission members are alerted to the nature of the information. • Private or non-public information should not be sent or forwarded to individuals or entities not authorized to receive that information and should not be sent or forwarded to City employees not authorized to view such information. � City Council, Commission and Committee members shall exercise caution in sending private or non-public information by e-communication as compared to written memoranda, letters or phone calls because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or re-transmission by others. • The City Attorney should be contacted concerning any questions about whether a communication is private or non-public data. SECURITY • City Council and Staff inembers are encouraged to take appropriate steps to protect the security of networks and files by the use of passwords and by taking all necessary steps to maintain the integrity of passwords. While the City Clerk shall have the right to know all passwords,passwords should not otherwise be shared, nor should they be posted. • Any suspected breach of security, damage,destruction, or theft of any computer or other device owned by the City should be reported to the City Administrator as soon as possible.