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9.d) Staff Report-Guidelines for Paperless Meeting Packet and Electronic Communications between Council Members � \ ` ���� _� '� SCANDIA Staff Report Date of Meeting: April 16,2013 To: City Council From: Kristina Handt, City Administrator Re: Guidelines for Paperless Meeting Packet and Electronic Communications between Council Members Agenda Item#: 9.d) Background: At the March 19, 2013 Council meeting, the Council approved the Guidelines for Paperless Meeting Packets and Electronic Communications between Council Members. A copy of the guidelines are included in your packet. At the October 16, 2012 Council meeting I shared with the Council that links to City meeting packets were being provided to the public on our Facebook page via Google Docs. At the December 11, 2012 Public Hearing on the 2013 Budget, it was noted that funds were available after correcting a calculation error in the budget worksheet and that these funds could be used for the purchase of netbooks for the Council chambers so we could go paperless in 2013. Excerpt from 12/11/12 minutes: Council discussed the netbooks idea and how that would work. The devices would stay in the council chambers and be loaded by the staff with all the agenda items that are normally mailed to the Council the Friday before a meeting. Agenda items would be emailed instead providing quicker access for the Council. The netbooks would also be used by the Planning Commission and Park&Rec Board in the same manner. Administrator Handt estimated five hours of staff time is required to copy and compile packets each week. Combined staff costs,paper, ink and postage bring expenses over $3,000 per year for using paper packets. At the December 18, 2012 Regular Council meeting,the Council approved the adoption of the 2013 budget with $3,000 to be used for the purposes of purchasing netbooks and going paperless. Beginning in December 2012, links were emailed to the Council and Planning Commission members so they could begin accessing meeting documents online. Park and Rec Committee members began receiving the link in January. Some members of the Planning Commission had requested that the packet materials be emailed to them in December so they could begin reviewing information related to the Zavoral Mine application as soon as possible and would not have to wait for their paper packets to arrive. Additionally, much of the Zavoral Mine material was available for viewing on the City website. The complete application for instance was never printed but members were told to reference the website. Following the March 19t" adoption of the paperless guidelines, I emailed a copy of the guidelines to all Council, Planning Commission, Parks and Rec Committee and staff. In response, three members of the Planning Commission-Christine Maefsky, Jan Hogle and Peter Schwartz-have requested the Council reconsider the guidelines and allow them to receive paper packets. A copy of Maefsky's letter is included in your packet. After her letter was distributed, a couple other Commission members emailed the following comments: March 25, 2013: Hi Kristina, I did receive your first email...5 minutes ago. About 3 hours after I received your reply that the original email was sent last week. Ironically, the guidelines were adopted the same week that Google Drive experienced 3 major outages in which Drive was offline for a total of over 20 hours (on March 18, 19, 21). I believe you know that I am very receptive to digital options. It's integral to my profession and, as an early adopter, I generally embrace digital formats with enthusiasm. Yet, I do resist being required to reference documents that are only accessible electronically, especially the rypes and number of documents we use during planning commission meetings. Please note that my use of the word "reference"instead of"read"is deliberate. Christine did an excellent job of detailing legitimate practical difficulties and cognitive limitations regarding this policy. Speaking as a professional, I am in complete agreement with her objections. How will these guidelines be implemented under the Americans with Disabilities Act? Jan March 28, 2013: To everybody on the list: If I had any doubts in the past. receiving the latest 'packet"in digital format only, has utterly convinced me that I concur with all of Christine Maefsky's points in her letter. Please add my name to those who petition the council to rethink their decision and restore old fashioned paper packets. This will be particularly pertinent when we review maps and surveyor or architects drawings. Peter Schwarz At this time, one member of the Planning Commission is receiving paper copies due to a request made under the Americans with Disabilities Act. A legal review of the adopted guidelines has found that no changes are needed. . Issue: Should the City amend or rescind approval of the guidelines for the implementation of paperless meeting packets and electronic communications between Council members? Proposal Details: The Council should consider whether the guidelines should be amended or eliminated. As noted last fall, creating paperless packets makes the committee and Council meeting information more widely available to the public and increases transparency in government. In addition, at committee and Council meetings the packet information is displayed on the projector so that the public can also be aware of the same information the elected and appointed officials may be looking at during the meeting. Fiscal Impact: Assuming the office assistant spends 15 hours a month on copying packet materials,putting the packets together, and preparing the mailings,these tasks costs the City approximately $2,691 per year in staff time. In addition to the staff time, approximately $228/year is spent on paper and envelopes, $415/year on postage, and $570/year on copier charges. Cost Comparison: Paper Packets: $3,904/year Electronic Packets: $3,000 every four years (or about$750/year) Options: 1) If the Council is concerned about the availability/security of Google Docs, we could begin using another online file sharing system such as DropBox. The April 16 Council meeting packet will be available in both formats for you to try out. 2) If the Council is concerned about providing elected and appointed officials with the opportunity to take notes on the documents for meetings, staff would suggest purchasing a flash drive for each member that could have the documents loaded on them and be available for pickup the at the City offices the Friday before the meeting. Staff would not suggest mailing the devices for cost and security reasons. Or each member could be supplied with a legal pad and pen to take notes. 3) If the Council is concerned the netbooks do not have large enough viewing screens,the Council may consider offering stipends to committee and council members to purchase a device of their choice. Other communities have allowed $500-800 per member per term for this. 4) Rescind the paperless packet guidelines and go back to paper packets. Recommendation: Options 1 or 2 could be implemented within this year's budget. Option 3 would need to be provided for in future budgets at a cost of$7,500-$12,000. Option 4-the Council should then provide direction on what should happen to the netbooks already purchased. Cost savings described will not be realized in future years. March 22, 2013 Dear Mayor Simonson, and Council Members Ness, Swanson, Lee and Schneider, I consider myself to be relatively well educated in the realm of modern technology. I own and regularly use a desktop computer for our business, a laptop computer for business and personal use, an ipad and and iphone; I read books, newspapers and many documents digitally. However, I am in strong opposition to an extreme application of the Guidelines for Paperless Meeting Packets and Electronic Communications between Council Members in the City of Scandia recently passed by the city council for the following reasons: • I personally find it very difficult to fully analyze lengthy documents, including requests for conditional use permits and variances, without having paper copy in front of ine. Flipping back and forth on screens is very different from comparing information from one page to another,taking notes on the paper, highlighting important or conflicting information and other reasons and means of fully understanding the content. • For those of us who need to use paper copies to do our job conscientiously,there will be cost(sometimes considerable) added to the requirements of our position. From the wording of the "guidelines", it doesn't appear the city will pick up those costs, but they will fall to individual office holders. • Computer screen or paper copy is something of a learning style issue and moving toward sole use of the screen can well discriminate against some people, both office holders and citizens. • The city council is making a rather large assumption about the technological capabilities of all of the citizens of Scandia. A case in point, at recent public hearings the planning commission has received handwritten submissions from numerous citizens regarding requests. While I understand the city will have and use the capability of scanning handwritten documents into pdf files, the whole procedure and mindset will distance some (perhaps many) of our Scandia residents from the workings of its government. • A major goal of our city government should be to keep open the lines of communication, to welcome input from its citizens. Minimizing the importance of handwritten and non- digital communications is an unfortunate step backward in this endeavor. There is a big difference between minimizing the use of paper in communications and going "paperless". While I presume the city council feels that paper has been wastefully used in city communications, banning it entirely is extreme, and going from one extreme to another is rarely a good idea; I feel that is what the city council has done with the adoption of these guidelines. I respectfully request that you reconsider their use. Thank you. Sincerely, Christine Maefsky Scandia Planning Commission Chair Cc: Kristina Handt, Peter Schwartz, Jan Hogle, Steve Phillippi Digitally submitted on March 22, 2013. � 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, Stafftime, 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. e 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 ar 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 reyuired 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 reyuests 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. r • i • If a council member wishes to share information with other members, s/he should do so through the city clerk. The council member may reyuest 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. . , t • 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.