To: Honorable Mayor and Members of Town Council
From: Kristin Read, Assistant Town Manager
Through: David L. Corliss, Town Manager
Title
Resolution Regarding the Application of the Town Council Electronic Participation, Connected, and Hybrid Meeting Policy to Future Town Council Meetings
Body
________________________________________________________________________________
Executive Summary
Town Council at its February 6 meeting discussed its current Electronic Participation, Connected & Hybrid Meeting Policy and directed staff to bring back for Council’s consideration a Resolution to update the policy.
The purpose of this item is to present that Resolution (Attachment A), which would discontinue Council’s current hybrid meeting practice in favor of electronic participation, should Council wish to proceed in that manner. Additionally, staff is presenting a Neighborhood Meeting Policy (Attachment B) relative to land use items, for Council’s review and discussion.
Discussion
Like many municipalities, the Town during the pandemic in 2020 began offering hybrid-format public meetings, to enable public participation while stay-at-home orders were in place. Once those orders expired, Council evaluated the practice of hybrid meetings and in December 2020 voted to continue it indefinitely, via Resolution 2020-121 (Attachment C).
Most recently, Council examined in January 2022 which neighboring communities were hosting hybrid vs. in-person meetings and did not change the Town’s meeting practices at that time.
In December 2023, the Colorado Municipal League’s monthly newsletter featured an article, “Is it time to abandon remote public comment?” (Attachment D), which has mades it prudent to revisit this issue again.
Town Council meetings are currently held in a hybrid format with the opportunity for in-person attendance and the ability for Councilmembers, staff/applicants and members of the public to participate and provide comments remotely through WebEx.
Staff in January 2024 reviewed how neighboring municipalities are currently hosting Council meetings and found that about half of the municipalities provide hybrid meeting options, including the option to give public comment remotely. The other half offer in-person meetings and public comment options, as detailed in the following chart:
Municipality |
Meeting structure |
Public comment |
Castle Pines |
Hybrid meetings |
Option to provide general public comment remotely. Public comment associated with quasi-judicial items must be in writing or in-person. |
Castle Rock |
Hybrid meetings |
Option to provide public comments remotely |
Centennial |
In-person meetings |
|
Douglas County |
Hybrid meeting |
Option to provide public comments remotely |
Elizabeth |
In-person meetings |
|
Englewood |
Hybrid meetings |
Option to provide public comments remotely |
Greenwood Village |
In-person meetings |
|
Larkspur |
Hybrid meetings |
Option to provide public comments remotely |
Littleton |
In-person meetings |
|
Lone Tree |
In-person meetings |
|
Monument |
Hybrid meetings |
Option to provide public comments remotely |
Parker |
In-person meetings |
|
In CML’s December 2023 article, the group’s General Counsel wrote, “Just because technology makes remote comment possible, however, does not mean that continuing it is in the best interests of the municipality.”
The article goes on to say, “Remote comment options are no longer necessary to ensure public health and have become primarily a method of inclusion in government. … The value of expanded participation is diminished, however, if business is delayed or if members are distracted by the commentary.” The article cites instances of the use of fake names and other types of disruptive remote public comments that municipalities have experienced during hybrid meetings.
The article offers solutions for municipalities’ consideration: “The simplest solution may be to remove remote comment options entirely. … Speaking at a meeting may carry unique weight, but alternate methods of communication can provide the same or better access to officials. E-mail, online comment submittal forms, town hall-style meetings, and one-on-one communications allow a member of the public to speak directly their representatives. Other means of communicating also support reasonable restrictions on commenters. The time to evaluate whether this manner of public comment should be tolerated is before it occurs, not as a quick reaction to a troubling meeting.”
With this advice from CML in mind, staff brought the issue back before Council on February 6 for discussion and direction. Council’s direction was for staff to bring back for Council’s consideration a Resolution to update the policy. Staff has drafted a Resolution that would allow a Councilmember to attend a meeting electronically (Electronic Participation) while removing remote public comments (Hybrid Meeting), as offered by CML.
Staff Recommendation
Staff recommends that Council consider the Resolution and provide any feedback regarding the Neighborhood Meeting Policy.
Staff notes that Council in 2021 adopted an Electronic Participation, Connected & Hybrid meeting policy for the Town’s boards and commissions (Attachment E). That policy provides the Town Manager discretion on when holding these forms of meetings is appropriate. If Council adopts the Resolution presented tonight, it is staff’s recommendation that all Town board and commission meetings also offer only Electronic Participation, with no Hybrid Meeting options.
Potential Motion
“I move to approve the Resolution as introduced by title.”
Attachments
Attachment A: Resolution
Attachment B: Town of Castle Rock Neighborhood Meeting Policy
Attachment C: Resolution 2020-121: Current Electronic Participation, Connected & Hybrid Meeting Policy
Attachment D: CML Article: “Is it time to abandon remote public comment?”
Attachment E: Resolution 2021-060: Board and Commission Electronic Participation, Connected & Hybrid Meeting Policy