HomeMy WebLinkAboutresolution.council.071-24RESOLUTION # 071
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE CITY COUNCIL RULES AND REGULATIONS REGARDING
ELECTRONIC PARTICIPATION IN MEETINGS
WHEREAS, in response to restrictions during the COVID pandemic, the City enacted
procedures for electronic participation in meetings. At the time most governments and courts
either enacted special procedures or simply allowed telephonic and video participation in
meetings; and,
WHEREAS, pursuant to Resolution #21 (Series of 2020) City Council adopted an amendment to
Council Rules and Regulations, adding a Section XX thereto that allowed the City Manager, with
consultation and consent of the City Attorney, to adopt rules and procedures for the conduct of
and attendance at City Council meetings through electronic means for City Council members and
members of the public; and,
WHEREAS, although the COVID emergency has subsided, most governmental entities,
including courts have continued to allow some form of hybrid meetings or appearances. Neither
State Statute nor City rules prohibit hybrid meetings; and
WHEREAS, following a presentation to Council by and staff discussions with Robert C. Widner,
author of Bob's Rules of Order, staff recommends that existing rules for electronic participation,
if such electronic participation is desired by Council members, be amended and updated and
approved by Council by Resolution; and,
WHEREAS, staff may present additional amendments to the Rules and Regulations of City
Council, adopted pursuant to Resolution #51, Series of 2005, in the near future, it is
recommended that this step be taken now in anticipation of requests for further electronic
participation by Council members.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby repeals Section � of the previously
amended Rules and Regulations and adopts the amended Section XX, attached herewith and
incorporated herein by this reference.
INTRODUCED, READ AND ADOPTED by the City Council of the C
the 25th day of June 2024.
Torre, Mayor
ity of Aspen on
I, Nicole Henning, duly appointed and acting City Clerk do certi that the foregoing is a
true and accurate copy of that resolution adopted by th ity Council of he C' of Aspen,
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Colorado, at a meeting held, June 25, 2024.
Nicole Henning, City Cle
AMENDED SECTION J X CITY COUNCIL RULES AND RLGUElk TIONS
A. Council Electronic Participation in Meetings.
At the request of a City Council member, as set forth below, such Council member may participate
by video conferencing, or other appropriate electronic means in any Council meeting ("Electronic
Participation"). Such Council member shall be deemed present for purposes of determining a
quorum, except as set forth below, and the member of City Council may participate and vote in all
matters. Electronic Participation is also available to a City Council member during an executive
session upon conditions set forth below. The City Council may discontinue the use of Electronic
Participation by one or more members during a meeting where the participation results in delays
or interference in the meeting process; e.g., where the electronic connection is repeatedly lost, the
quality of the connection is unduly noisy or otherwise problematic to the conduct of the meeting,
or the participating member is unable to hear speakers who are using a normal speaking voice
amplified to a level suitable for the meeting audience in attendance. Whenever a City Council
member is allowed to participate in a City Council meeting by Electronic Participation pursuant
to this Rule, the following additional rules shall be observed:
a) All members of the City Council must be able to hear and see one another or
otherwise communicate with one another, and be able to hear all discussion and
testimony in a manner designed to provide maximum notice and participation;
b) Members of the public present at the meeting location or participating
electronically must be able to hear all discussions, testimony, and votes;
c) All votes held at the meeting shall be conducted by roll call;
d) At least three members of City Council are present at the regular meeting location,
unless not feasible due to an emergency declaration;
e) To arrange to participate via Electronic Participation, a Council member shall:
i. Contact the Mayor, City Manager or the City Clerk in advance of
the meeting to determine if an arrangement for such participation
via Electronic Participation is possible. Council members shall
endeavor to advise the City of their intent to participate via
Electronic Participation at the earliest possible time and not less than
twenty-four (24) hours prior to the requested participation; and,
11. The City shall initiate the Electronic Participation not more than ten
(10) minutes prior to the scheduled time of the meeting. Upon
disconnection during a meeting, the City Clerk shall make at least
one attempt to re -initiate the connection.
111. If three or more members of the Council request Electronic
Participation at the same meeting, then the first requests shall be
allowed by the Mayor.
f) To the extent possible, full and timely notice shall be given to the pubic advising
that one or more members of the City Council may participate in the meeting
electronically.
B. Public Viewing and Participation
a) Viewing Opportunities. City Council Meetings will continue to be broadcast to the
public through three separate sources: Grassroots TV, Granicus and Facebook.
Grassroots TV may not be live at all times. If one of these live platforms is
unavailable another platform will be obtained. If no live broadcast is available, the
Council meeting will be continued until such time as at least one live broadcast is
available.
b) Public Participation in City Council Meetings. The presentation of public comment
at the commencement of each regular meeting of City Council, or for the
presentation of testimony in a public hearing before City Council, may be allowed
pursuant to Electronic Participation, in which case the following rules will apply:
i. Members of the public participating via telephone must follow all
applicable rules for public participation, including time limitations.
Following an individual's presentation of public comment, that
individual's ability to comment will be terminated.
ii. The City Council may discontinue the use of electronic participation
by members of the public during a meeting where the participation
results in delays or interference in the meeting process; e.g., where
the telephone connection is repeatedly lost, the quality of the
connection is unduly noisy or otherwise problematic to the conduct
of the meeting, or a listening Council member is unable to hear a
speaker who is using a normal speaking voice amplified to a level
suitable for the meeting audience in attendance.
C. Quasi-Judicialll�latters.
In the event that a pending application is scheduled for a public hearing that is
quasi judicial in nature at a meeting at which this policy is in effect, the City shall
advise the applicant of such circumstances and present the applicant with options
for proceeding with the application. At the meeting the applicant may exercise
either of the following options:
a) Conduct the public hearing under this policy with accommodations made for
electronic participation via video-conferencing for City Council members, City
Staff, and applicants, and participation via video-conferencing or telephone for
members of the public who wish to comment; or
b) Continue the hearing until all members, who may participate in the hearing
without conflict, are present in person.
D. Executive Session.
A member participating electronically may participate in an executive session but
such participation must be in a room which excludes anyone else's presence and the
member must state on the record that the meeting is secure.
E. Notice.
These Rules shall be posted on the City of Aspen websitea
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