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ITEM 4.12 Adopting Electronic communication policy40 TY OF ot 1f go IT nFPAI T E T INFORMATION Request for City Council Action ORIGINATING INATIN DEPARTMENT: __.... ........ .......................... ..::.. n ........... _n...... ............. ....... ..... ... I......... _...... REQUE TOR: _ _ __ . __M ._:.: x ...:..... ...... 1... ...... n .. _ ... _ . _ n -------------- -------- ......... v v w MEETING DATE; electronic communications and further recommend adoption of the Resolution Approving Otsego Policy Lori Johnson, CityAdministrator May 13, 2013 -Administration PF E ELATE (): REVIEWED BY: ITEM M Consent Andy MacArthur, City Attorney 4.12 AGENDA ITEM DETAILS RECOMMENDATION: Recommend purchase of electronic .devices (Wads and related hardware arra software) for elected officials, city administrator, and department heads to increase efficiency and effectively manage electronic communications and further recommend adoption of the Resolution Approving Otsego Policy for Electronic Communications Between Council Members and the Agreement for Use of City Owned Electronic Devices. ARE YOU SEEKING APPROVAL OF A CONTRACT? ED? 13 A PUBLIC HEARING IN REQUIRED? No No BA } ROU DIJU TIFI ATION The Administrative Subcommittee has reviewed recommendations from the CityAttorney regarding electronic communications related legislation and recent case lair. The Administrative Subcommittee worked with the City's IT consultant to determine the best method and product to meet the City's needs for electronic communication. Following analysis and discussion, the Administrative Subcommittee recommends the purchase of Pads for the elected officials, city administrator, and department heads. Funding for the purchase of the devices and service costs is recommended to come from the Council Contingency In 2013. The initial cost for all devices and setup is estimated at approximately $7,000. Ongoing service charges will be budgeted by depar.tmelnt in 2014. Future replacement costs will be budgeted by department as needed. The City Attorney has drafted two communications policies addressing use of City electronic devices and n electronic communications between elected officials. Everyone issued an electronic devise must read and sign the Agreement ent for Use of City Owned Electronic Devices. The devices are City property and shall be used only for City business as stated in the Use Policy. The Policy for Electronic Communications Between Council Members further states hover electronic communications between Council members aro to be handled. SUPPORTING DOCUMENTS: XQ ATTACHED ❑ NONE 0 Resolution Approving Otsego Policy for Electronic Communications Between Council Members 0 Otsego City Foliar for Electronic Communications Between Council Members Agreement for Use of City Owned Electronic Devices POSSIBLE MOTION ----:--.:....:..:........ ...................... ......... -------..-.._n:.-.............._....-..-.._._..-.._.__......__:_........n....n-..... ...... _-.... .-........... .......... .._-.............. -....................-...-...........M.- ........ -........... Please word motion as you would like It to appear in the minutes. Motion to approve the Resolution Approving Otsego Policy for Electronic Communications Between Council Members, the Agreement for Use of City Owned Electronic Devices, and the purchase and setup of Wads for elected officials, city administrator and department heads with funding from the Council Contingency. BUDGET INFORMATION FUNDING: BUDGETED: AYES Council Contingency for 2013; NO Ongoing service costs will be budgeted by � department beginning in 2014. kCTION TAKEN n APPROVED AS REQUESTED n DENIED n TABLED n OTHER(List changes) �o E TS CITY of OSLO COUNTY of WRIGHT STATE of MINNESOTA RESOLUTION No. 2013-23 RESOLUTION A PRoV NG OTSEGO POLICY FOR ELECTRONIC COMMUNICATIONS BETWEEN COUNCIL MEMBERS WHEREAS, the City currently has no policy for the City Council regarding electronic communications within and outside of City Council meetings; and WHEREAS, the League of Minnesota. Cities has recommended that Cities adopt such a policy; and WHERE AS, the City Council has determined that it is in the best interests of the City, City officials, City staff and residents that there be a written policy setting forth criteria for electronic communications by, between, and to City Council Members ers dthe course of meetings and elsewhere. NOW THEREFORE BE IT RESOLVED by the City Council of the City o Otsego, Wright County, Minnesota as follows: 1. The City Council hereby adopts the attached Otsego City Policy For Electronic Communications Between Council Members. ADOPTED this 1.3'h day of May, 2013 by the Otsego City Council, Motion to Adopt made by Council Member. Council Member N FAVOR: OPPOSED, and seconded by CITY of o S Go Jessica S o kam , Mayor mi Loff, City Clerk CITY of o S Go COUNTY of WRIGHT STATE of MINNESOTA OTSEGO CITY POLICY FOR ELECTRONIC COMMUNICATIONS BETWEEN COUNCIL MEMBERS This policy applies to all members of the City Council and all members s of City Committees, commissions, and sub -committees. For purposes of'this policy, reference to Council Members rs includes the members of other City committees, commissions and groups subject to the Minnesota Open Meeting Law. For purposes of this policy "electronic means" ns" includes, but is not limited to, e- mail, instant messaging, chatroor s, social media, microblogs and related electronic conversation. For purposes of this policy "City Administration" means the City Clerk, Administrator or his/her designee or staff person carrying out regular City Functions or acting in emergency situations. This policy applies regardless ofwhether the City Council Member is using a city- provided ity- pro i ed e-mail address and account,his/her personal e-mail address or account, or one provided by his/heremployer; and to all social redia accounts to which council member posts. Meeting inaterialst Electronic communication of meeting materials should generally be conducted in a one-way communication from the City Administration to the City Council. Council members may receive agenda materials, background information, and other meeting materials aria e-mail attachment or other; electronic means (such as file sharing) from the City Administration, , Privileged communications shall be seat directly to Council Members via City e- mail. If a Council Member has questions or comments about materials received, he/she should inquire via electronic means directly back to the City Administration. A Council Member should not copy other Council Members on his/her inquiry, nor should that Council Member discuss the inquiry with more than one other Council Member. If the clarification is one of value to other Council Members, the City Administration may send follow-up materials or information to the Council. Materials relating to agenda items of a meeting must also be jade available to the public at the meefi ng. Communications during Council meetings. Council members should not communicate with one another via electronic means during a public meeting. Council members should not communicate with any member of City staff via electronic means during a public meeting. Council members should not communicate with the public via electronic weans during a public meeting. No information should be received from outside sources (websites etc.) during the course of a meeting without disclosure to the public and opportunity for the public to review said data. Communications outside of Council meetings. Council members should generally act with caution when using electronic means to communicate with one another, being mindful of the Minnesota open Meeting Law as well as the Minnesota Government Data Practices Act. If a Council member wishes to share information with other members, rs, he/she should do so through the City .Administration, The Council member may request the City Administration to distribute materials to others. The communication should not invite response to or discussion between any Council members, including replies to the person making the distribution request, This should b considered a method for providing one-way information to other members bers o the Council. Again remember that materials relating agenda items for city business must be provided to the public at a public meeting, N, If a Council member wishes to address only one other member through electronic means on any topic related to city business, he/she can do so directly, but should be Mindful of the following: One to one communication is ideal. The recipient of an electronic message or inquiry should reply only to the sender, should not copy others on the reply and should not forward the original communication to other* Council members. The sender of an electronic message should not forward or copy the recipient's reply to any other Council member. Neither the recipient or sender should publish such correspondence on any blogs or other social media site unless it is part of an official communication of the whole Council, and part of the city managed electronic communications strategy. If a Council member receives an electronic communication froin any source related to City business and distributed to multiple Council members(i.e,, an e- mail seat to the entire Council from a member of the public; or an e-mail sent to three Council members from a local business), he/she should reply only to the sender, The reply should not be copied to all on the original distribution list or forwarded to any other Council member. If a Council member receives listsery distributions, electronic newsletters, or participates in electronic discussion forums, chatrooms, or on Face boob, Twitter; or blogs where other Council members are likely to participate, the Council member should not reply to any distribution or comment so that the reply is copied to the entire distribution group, or any part of the group that might include other Council members. The Council member should instead respond only to the sender of any message or inquiry. This policy is adopted in the spirit of promoting compliance with the Minnesota Open Meeting Law. In the event that advances in electronic communication are made which provide methods different than those stated in this policy, Council Members shall adhere to the spirit of the policy and the open Meeting Law. Classl i a ion and Retention of electronic communications tions Regardless of whether electronic communication by a Council member is taking place on a city provided computer, home computer or other computer system, classification of information as public, private or other is governed by the Minnesota Government Data Practices .pct (Minn. Stat, 13) and should be treated accordingly. Council members should retain electronic communications in keeping with City policies and procedures, whether communication takes place on a city provided computer, home computer r or other computer system. Litigation Hold In the event of pending or threatened litigation involving the City the City Attorney may issue a letter directing that no electronic communications regarding specific issue be deleted or discarded, Council Members shall abide by any such directive. Council Members may be subject to discovery requests or subpoenas related to relevant electronic communications arising from issues before the City Council or other City matter. Council Me b r should be aware that these discovery requests and subpoenas will seek access to all electronic devices, public or private, utilized by Council Members in regards to the subject issue, Council Members should take all appropriate steps to separate personal electronic communications from City related electronic communications, 2 DRAFT- 1 May 9, 2012 CITY of OTSEGO COUNTY of WRIGHT STATE OF MINNESOTA. AGREEMENT FOR USE of CITY -OWNED ELECTRONIC DEVICES (USER), in exchange for use of City owned and issued electronic device deseribed as follows;hereby agrees to abide by the terns and conditions of this Agreement as well as the City's duty adopted City Policy of Council Use of Electronic Devices as amended from time to time. 1. USER agrees to use the Electronic Device only for purposes related to his/her duly elected position as a City Council Member or City employee, and not for unrelated personal reasons. 2. USER shall insure that the Electronic Device only contains information related to S's duties as a City Council Member or City employee. 3. USER agrees to take care of the electronic device at all times in order to insure that unauthorized persons do not gain access to the device or information stored on the device. . USER agrees to take care of the Electronic Device so that it is not broken or damaged, beyond ordinary wear and tear. 5. SER understands that the Electronic Device is property of the City purchased only for the purposes of facilitating the City government process, and may be repossessed by the City, at its sole discretion, for any misuse of the Electronic Device or violation oft is Agreement or the Electronics Communicati I o. USER agrees to abide by any and all further directives by the CITY placing further limitations on use of the Electronic Device. ACKNOWLEDGEMENT I have thoroughly r vie ved the Agreement move, am familiar with its terms and conditions, and hereby agree to abide by theme.. If a Council Member, I further agree that I have read and understand the City's Eleetronic Communications Policy. Dated: Signed: 0j,