Title
Discussion: Legal requirements for written meeting minutes when utilizing audio/video recording devices.
Executive Summary: In light of recent enhancements to the City's website and the public availability of meeting recordings, it is contemplated that written minutes of Council meetings and workshops could be simplified if Council so desires.
Body
Legislative History
Codified Ordinances Section 220.03 (c) and (d), Rules, indicates that the minutes of the Council meeting shall identify matters by item number or ordinance/resolution number, and it shall be the duty of the Clerk of Council to furnish an accurate record of all items considered and action taken on the items considered at the proceedings of regular or special meetings of Council. In addition, Section 220.031, indicates that the minutes of Council workshop meetings be full and accurate, enabling the public to understand and appreciate City Council's discussion.
Purpose & Explanation
Since February 2010, the City has been streaming public meetings via the Internet using a program called Granicus, including regular and workshop meetings of City Council and the Planning Commission. These recordings are archived and available publicly.
With enhancements to the Granicus system, beginning in September, 2012, the City's website (Hudson.legistar.com) provides the ability to view meeting details by subject. This enables the viewer to witness meeting discussions and actions first-hand.
The City's website also provides meeting agendas and approved minutes, as well as staff reports, supporting information, and links to action details, meeting details, and video for each piece of legislation and topic discussed and/or acted upon. The attached screen shot is an example of details available for any particular item.
A recent opinion from the City Solicitor is also attached for Council's review. Given the public availability of video recordings of meeting discussion, it appears that we can leverage the current Granicus system to meet the current Codified Ordinance Sections indicated above.
Based on the City Solicitor's recent opinion and our ability to leverage technologies to meet the requirements of the Codified Ordinances Section 220.03 and 220.031, staff recommends that Council consider a simplified minutes format, including a detailed action summary, for meetings which are recorded and publicly available. This format would rely upon video recordings for details of in-depth discussion.
Timing Considerations
Review and consider for implementation within 90 days of City Council's approval.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Council consider a simplified Minutes format, including a detailed action summary, for meetings which are recorded and publicly available. This format would rely upon video recordings for details of in-depth discussion.
City's Ordinances Section 220.03 (d) requires the Clerk to supply each member of Council with a copy of the Minutes and Section 220.03 (c)(4) requires approval of the previous Meeting's Minutes at each subsequent meeting. As such, these sections need to be amended to specify that the Minutes will be the video recording stored on a DVD, thus dispensing with the approval of the Minutes.
Additionally, someone present at the meeting, whether the Clerk or otherwise, must be responsible to produce Minutes in the event the video is not committed to some permanent form or does not work during the meeting. This designation of a person should be provided for by codified ordinance.
Further, based on the City Solicitor's recent opinion, staff recommends the following:
HCTV staff keep a permanent record of the audio/video recording on a DVD.
HCTV staff to use an alternate source for audio recording during meeting as a backup to the digital audio/video source. Such recording will be kept until the digital audio/video recording is verified and recorded on a DVD.
In the event the audio or video is not working for a meeting, the Clerk, President of Council, City Manager, Mayor, or designee shall be responsible to draft written Minutes for the meeting.
The Clerk of Council may attend, yet is not required to attend the Council Workshop meetings to record notes for Minutes since this task can be done following the meeting by listening/watching the audio video of the meeting.
Submitted by,
Anthony J. Bales, City Manager
Scott N. Schroyer, Assistant City Manager
Elizabeth Slagle, Clerk of Council