HomeMy WebLinkAboutMemo - Read Before Packet - 6/2/2020 - Memorandum From Delynn Coldiron And Carrie Daggett Re: Agenda Item #8 - Remote Participation In Meetings And Hearings300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
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MEMORANDUM
TO: Mayor and City Councilmembers
FROM: Delynn Coldiron, City Clerk DRC
Carrie Daggett, City Attorney
DATE: June 2, 2020
RE: Agenda Item No. 8 – Remote Participation in Meetings and Hearings
______________________________________________________________________________
This memo provides additional explanation of Ordinance No. 079, 2020, regarding temporary
procedures for remote participation in certain meetings.
BOTTOM LINE:
Ordinance No. 079 modifies the requirements for the use of remote technology in four key ways:
1. It changes who determines the use of remote technology is prudent to give that role to
the Mayor (for Council), the Committee chair (for Council Committees), the board
chair (for boards and commissions) and the individual decisionmaker (for hearings with
an individual hearing officer).
2. It allows individual Councilmembers and board and commission members to
participate using remote technology if the individual is concerned about their own
or others’ health or safety, by giving 36 hours’ notice.
3. It eliminates the requirement that an item be “pressing and require prompt
action” to be heard using remote technology.
4. It eliminates the requirement that at least one Councilmember be physical present
unless not feasible.
Other edits are to clarify and simplify the language, eliminate duplication and reorganize for
consistency within the Ordinance.
DISCUSSION:
This Ordinance updates Ordinance No. 061, 2020, and simplifies some of the procedures required
in the earlier Ordinance. A comparison of the two Ordinances was provided as an attachment to
the Agenda Item Summary (AIS) for this item, while a “clean” version of the new Ordinance was
provided for adoption. Page references below are to the comparison document attached to the AIS.
Agenda Item No. 8
Ordinance No. 079 re Remote Participation
June 2, 2020
Page 2 of 2
The following gives an overview explanation of the changes, based on the comparison document:
• The Recitals (“whereas clauses”) and Sections 1 and 2 (page 1 through the top of page 4)
are updated and simplified to clarify and remove unnecessary material.
• In Section 3 (page 4 through the top of page 6) about City Council meetings:
o Repetitive language was deleted.
o The standard for conducting a meeting in whole or in part using remote technology
is modified to require that the Mayor determine that “meeting in person would
not be prudent for some or all persons due to a public health emergency or
other unforeseen circumstance affecting the city,” after consultation with the
Mayor Pro Tem, City Manager and City Attorney.
This new language gives the Committee chairperson the role of making this
determination.
Difference: Ordinance No. 061 requires that the Mayor or City Manager
make this determination for Council or Council Committee meetings.
o The new language entitles any Councilmember “concerned about their own or
others’ health or safety” to participate in any meeting using remote technology if
they have requested this at least 36 hours in advance.
Difference: Ordinance No. 061 is silent regarding decision making by
individual Councilmembers.
o The new language eliminates the provision regarding at least one Councilmember
being present in Council Chambers for the meeting to proceed.
Difference: The language in Ordinance No. 061 requires that a
Councilmember be present “unless not feasible due to the public health
emergency or other unforeseen circumstances.”
o The new language eliminates the requirement that the City Manager and Mayor
determine matters “to be pressing and to require prompt action” and the
requirement that agenda materials explain the basis for the determination.
o The remaining changes to Section 3 edit the language for clarity and simplicity.
• In Section 4 (page 6 through the top of page 9) about quasi-judicial hearings:
o The new language clarifies that the determination required in Section 3 (described
above) or required for a board or commission in Section 6 (below), as well as for
an individual decisionmaker, also applies to quasi-judicial hearings.
o The remainder of the changes to Section 4 are editing changes that do not add or
delete requirements.
Agenda Item No. 8
Ordinance No. 079 re Remote Participation
June 2, 2020
Page 3 of 2
• In Section 5 (page 9) about neighborhood meetings:
o There are no changes to the provisions about neighborhood meetings, which are
carried over verbatim from Ordinance No. 061.
• In Section 6 (page 9 through page 11) about board and commission meetings:
o The changes in Section 6 incorporate for boards and commissions the same updated
process and standards that apply to City Council meetings. The key changes are:
the board chair is responsible for determining the need for remote
participation (in consultation with the staff liaison);
the need for business to be “pressing and require prompt action” to be
considered has been removed; and
individual board members are entitled to participate remotely if they have a
health or safety concern for themselves or others.
o During this review, a typographical error was discovered in Section 6.F (page
8 of the “clean” Ordinance). It should read as follows (with the stricken
language removed): “In addition to the requirements of this Section, the
requirements of Section 4 of Ordinance No. 061, as amended by this
Ordinance, shall apply to any Quasi-Judicial Hearing conducted by a City
board or commission or a committee thereof using Remote Technology.”
• NEW Section 7 (page 12) about Board and Commission Manual Updates:
o This Section has been added to establish that Council may modify its requirements
for boards and commissions through the adoption of a new Boards and
Commissions Manual to address the use of remote technology (to allow that action
without adoption of another ordinance, if Council desires).
• In Section 8 (page 12) about Council-approved exceptions:
o Section 8 is unchanged and is carried over verbatim from Ordinance No. 061.
Please let us know if you have any specific questions or concerns related to the proposed changes.
Pc: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager