City Council Agenda

CITY COUNCIL WORK SESSION AGENDA April 12, 2021, at 7:00 p.m. This meeting will occur with Council and staff present in Council Chambers with social distancing in place, as well as via video conferencing. The public can participate via videoconferencing. Register to join the video conference at:. https://us02web.zoom.us/webinar/register/WN_-jdNph1DROO4-CJe1OZdxw. Public comment can also be provided via email to publiccomment@kalispell.com. A. CALL TO ORDER B. DISCUSSION ITEMS 1. Council Policies and Procedures C. PUBLIC COMMENT Persons wishing to address the council are asked to provide public comment via email to publiccomment@kalispell.com or verbally during the online meeting. Register to join the meeting at: https://us02web.zoom.us/webinar/register/WN_-jdNph1DROO4- CJe1OZdxw. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting – April 19, 2021, at 7:00 p.m. – Council Chambers Next Work Session – April 26, 2021, at 7:00 p.m. – Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 1 of 1  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor and City Council From: Doug Russell, City Manager Re: Work Session on Council Policies and Procedures Meeting Date: April 12, 2021 BACKGROUND: At a previous meeting, Council had a discussion to review components of council communications as they relate to open meetings and our policies and procedures. On Monday night, we will have a follow-up meeting with representatives from the Montana Local Government Center and the Montana Municipal Interlocal Authority (our liability coverage provider). At the meeting, we will review governance processes, open meeting laws and the right to participate, and risk related matters as it deals with course and scope of elected officials. Attached, I have included the same documents from our earlier meeting (adopted policies and procedures and a summary of the Open Meetings Law). RECOMMENDATION: At the meeting, it is recommended that Council review and discuss these matters and consider amending our existing Policy and Procedures for the Kalispell City Council, which was adopted in 2013, if desired. ATTACHMENT: Policies and Procedures for the Kalispell City Council – Resolution 5607 Summary of Open Meeting Laws from the Montana Local Government Board Handbook COUNCIL POLICIES AND PROCEDURES  Open Meetings Law Montana’s “sunshine laws” are described as among the most stringent in the nation. These laws are outlined in Article II Sections 8 (Right of participation) and Section 9 (Right to know) of the state’s constitution. In Title 2, Chapter 3, Public Participation in governmental Operations, the Montana Code Annotated describes provisions of the required “Notice and Opportunity to be Heard” in Part 1, and “Open Meetings” in Part 2. The Open Meetings law affords “reasonable opportunity to participate in the operation of governmental agencies prior to the final decision of the agency” (2-3-201). There are four essential elements in the open meetings law: 1. If a quorum, defined as the number members legally required to conduct business, is convened by either physical presence or by means of electronic equipment (2-3-202) and, 2. Members will hear, discuss or act upon issues that it has jurisdiction over, (2-3-202), then, 3. The meeting must be open to the public and the press must be permitted to record the meeting (2-3-211) and, 4. Appropriate minutes of all meetings shall be kept and made available for the public (2-3-212). Each governing board must adopt coordinated rules to facilitate public participation in decisions that are of significant interest to the public (2-3-103). These include a schedule of regular meeting times and agenda prepared and posted sufficiently in advance to provide notice of the topics to be discussed and actions to be considered. The public must also be afforded a reasonable opportunity to offer information and opinions, either orally or written, before final decisions are made. A matter of significant public interest is defined as one “involving any non-ministerial decision or action which has meaning to, or affects a portion of the community.” Discrepancies as to whether a meeting is a significant public interest should always err on the side of transparency and opportunities for public participation. Exceptions are detailed in 2-3-203 and include the following: whether the discussion relates to a matter of individual privacy and if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure; litigation when an open meeting would have a detrimental effect on the litigating position or; any judicial deliberations in an adversarial proceeding. The agenda for a meeting, as defined in 2-3-202, must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the commission’s jurisdiction. However, the commission may not take action on any matter discussed unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter. Public comment received at a meeting must be incorporated into the official minutes of the meeting, as provided in 2-3-212. Text taken from “Montana Local Government Board Handbook” by Paul R. Lachapelle, Editor, 2011. MSU Publication 4597 Updated 10/15