04-0778R

AS AMENDED

RESOLUTION AMENDING THE STANDING RULES OF THE CITY COUNCIL; CREATING A NEW RULE 19 REGULATING USE OF ELECTRONIC MAIL.


BY COUNCILOR STAUBER:

     BE IT RESOLVED, that the Standing Rules of the Duluth City Council, as amended May 13, 2002, are amended by adding a new Rule 19, to read as follows:

Rule 19.   USE OF ELECTRONIC MAIL.

     (a)  It is the policy of the Duluth City Council to comply with the Minnesota Open Meeting Law (Minnesota Statutes Chapter 13D, as amended, or its successor). In order to comply with this policy, neither the council, nor a member of it, shall engage in council deliberations about a matter that has been, is, or may be before the council in any forum, including use of electronic mail, other than a duly held meeting of the council that is held in compliance with the Minnesota open meeting law;

     (b)  When a councilor decides to use electronic mail to inform a number of councilors, which number is equal to at least a quorum of the council, or any committee or subcommittee thereof, of any matter, he or she should make the distribution through the city clerk’s established council distribution group (which is public). The councilor’s notice should shall not invite no any response or discussion. If a response is invited, the response should be directed only to the city clerk, without copies to any other councilor. The clerk shall note the response on the next council agenda under communications;

     (c)  If a councilor decides to use electronic mail to invite a response, or analysis, from another councilor, then the electronic mail shall be sent only to one other councilor, without copies to any other councilors. Likewise, the response shall be sent only to the sender, without copies to other councilors;

     (d)  A councilor shall not engage in a series of electronic mail communications, on a subject that was, is or may be before the council, with more than one other councilor and then inform other councilors, in a number that is equal to at least a quorum of the council or any committee or subcommittee of it, of the substance or outcome of the series of e-mail communications;

     (e)  If more than one councilor receives the same electronic mail communication from a sender, and the communication concerns a matter of council business or concern, and it invites a response, then any response sent by the councilor shall be sent only to sender, without copies to other councilors the number of which is at least equal to a quorum of the council or any committee or subcommittee of it.


STATEMENT OF PURPOSE:  This resolution creates a new standing rule. It will forbid deliberation of the council by way of chat room, serial e-mails, e-mail discussion by the council or multiple forwarding or distribution of e-mails. this is done in order to comply with the open meeting law.

 

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