09-26-2012 Council Agenda - Laserfiche WebLink

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manner that cannot be observed by the public. Second, quasi - judicial hearings require the Council to apply specific facts and evidence in the context of existing law. To the extent Council Members might use electronic devices to communicate and receive evidence to which other Council Members or parties to the proceeding do not have access, potential due process issues arise because such communications could create a perceived or actual challenge to a fair hearing. Outside of these two considerations, it is not illegal to communicate with others during a meeting, whether through an electronic device or any other means. A policy revision is therefore not legally required, as these limitations exist whether or not the Council adopts a policy specifically addressing electronic communications. In addition, existing protocols already address these concerns generally by providing that Council Members "should comply with both the letter and spirit of the laws and policies affecting the operation of government." However, the public and the Council may nevertheless feel concerned about the opportunity for communication these electronic devices provide. If the Council wants a policy that specifically addresses electronic communications, it could choose one of two options: (1) a policy prohibiting all electronic communications during meetings, such as the Saratoga example discussed in the last staff report, or (2) a broader policy statement that electronic communications during council meetings must not violate the Brown Act or due process rights of parties to quasi - judicial hearings. The desired "level of transparency" is a policy question for the Council. If the Council wishes to specifically address electronic communications without prohibiting them altogether, the option to add a general statement that communications must comply with the law may provide the best balance between the legal minimum and the desire for a more public, transparent statement for Council Members and members of the public. b. Issues Related to Non -City Use of City Issued Devices The City's use policies for city -owned devices such as computers and telephones properly restrict employees' personal use. Public employees and officials in California are subject to stringent requirements regarding use of City resources; any personal use of City -owned equipment beyond that which is incidental, occasional, and minimal, is prohibited by state law. The Council Protocols also address this rule by providing that "Members shall not use public resources, such Updated: 7/5/2011 10:15 AM by Melissa Tronquet Page 2 19