Adoption of Council PoliciesMEETING DATE: 04/21/14
ITEM NO:
COUNCIL D. REPORT
DATE: APRIL 16, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER' /G�
SUBJECT: ADOPTION OF COUNCIL POLICIES CONCERNING:
A. PUBLIC USE OF TOWN EQUIPMENT AND SIGNS AT TOWN COUNCIL
AND PLANNING COMMISSION MEETINGS
B. USE OF TABLETS FOR DIGITAL AGENDA PACKETS
RECOMMENDATION:
The Council Policy Committee recommends that Council adopt the following Council policies:
1. Public Use of Town Equipment and Signs at Town Council and Planning Commission Meetings
2. Use of Electronic Tablets for Digital Agenda Packets
BACKGROUND:
The Town Council discussed a draft policy for public use of equipment developed by the Policy
Committee on September 3, 2013, and directed that the policy be returned to the Policy Committee for
further discussion. On September 10, the Policy Committee discussed the concerns raised by Council
members and members of the public and directed staff to revise the draft policy incorporating the
requested changes.
On October 22, the Policy Committee met again and directed staff to make further minor changes and to
develop public communication material to provide the most important information in an easily —
understood format. At that meeting, the Policy Committee also directed staff to advise the Town
Council that the Committee planned to bring forward a policy regarding the transition to digital Council
packets.
This staff reports presents information related to both of the recommended policies for Council
consideration.
PREPARED BY: PAMELA JACOBS
ASSISTANT TOWN MANAGER
Reviewed by: Assistant Town Manager W Town Attorney
NAMGRWmgement Staff\PJacobs \Council Reports \Council Policy Committee\4 -21 -14 staffreport.doc
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF COUNCIL POLICIES CONCERNING:
A. PUBLIC USE OF TOWN EQUIPMENT AND SIGNS AT TOWN COUNCIL
AND PLANNING COMMISSION MEETINGS
B. USE OF TABLETS FOR DIGITAL AGENDA PACKETS
APRIL 16, 2014
Public Use of Town Equipment and Signs at Town Council and Planning Commission Meetings
The key concerns raised by Council at the September 3 Council meeting included:
■ Overarching concern about requiring the public to submit'audio /visual presentations for
compatibility review and to use the Town equipment rather, than their own;
■ Concern about the time to submit the material for review (11:00 a.m.); and
■ Concern about the number of copies required for inclusion in the public record at meetings.
Pursuant to these concerns and further discussions by the Policy Committee, the following key changes
were made to the policy in addition to a number of other changes (Attachment 1):
The deadline to submit audiovisual presentations to the Cle& Ac 7ministrator' or Community
Development staff was revised from 11:00 a.m. to 3:00 p.m. the day of the Council or Planning
Commission meeting. In addition, a provision was added td; allow the public to submit
audio /visual presentations electronically.
The request to provide 20 hard copies of material that cannot be displayed on the overhead or
that the speaker would like the Council members to receive has been changed to a request to
provide a minimum of eight (8) copies.
In addition, staff has developed a public guide to Town Counoil meetings that will help to inform the
public about these new requirements'(Attachment 2). The guide also includes information regarding the
deadlines for submitting written comments, which was adopted by Council last year. A similar guide
will be developed for Planning Commission meetings. Staffhas not.yet implemented the new deadlines
pending adoption of the equipment use policy.
Another pending policy implementation is the transition from Monday to Tuesday Council meetings that
Council approved in December 2013. Although the transition was planned to occur January 2015,
Council may want to consider beginning to hold Tuesday meetings in August of this year, which is the
start of the new fiscal year. In June, staff will bring forward a recommended ordinance to change the
meetings to Tuesdays beginning in August 2014. If Council concurs with this timing, staff recommends
holding the implementation of the equipment use and new deadlines policies until August as well. Staff
will wait to produce and distribute & guide until the start da4'f5i'Tuesday meetings is determined.
Use of Electronic Tablets for Digital Agenda Packets
Local governments are increasingly transitioning to the use of digital packets for Council and Planning
Commission agendas. Benefits of using digital tablets for agenda packets include:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF COUNCIL POLICIES CONCERNING:
A. PUBLIC USE OF TOWN EQUIPMENT AND SIGNS AT TOWN COUNCIL
AND PLANNING COMMISSION MEETINGS
B. USE OF TABLETS FOR DIGITAL AGENDA PACKETS
APRIL 16, 2014
■ A digital packet can be instantly distributed to Council, the Commission and the public, and is
functional on the Web, on laptops, and on tablets.
■ Bookmarks in the digital program make it easy to find and go to pages.
■ Staff reports can be annotated and bookmarked for easy reference by the user.
■ Tablets can be used for other Town- related purposes, and their mobility increases efficiency.
■ Significant staff time savings from not copying, collating, delivering and disassembling the
packets. While staff reductions would not occur with the transition, staff members would gain
extra capacity to perform other responsibilities.
■ Cost savings associated with paper and toner ink. A rough estimate of paper and ink savings is
from $14,000 to $18,000 per year, which is an ongoing savings.
From a fiscal perspective, the use of digital tablets will save costs over the long term. The savings in
staff time can be devoted to other responsibilities and priorities, which could reduce the need for
administrative staff additions in the future. The greater long -term benefits lie in the increased
functionality, flexibility, and accessibility of Council and Commission agenda packets.
Other Cities in Santa Clara County
Staff conducted a survey of Santa Clara County cities to determine their usage of digital tablets for
Council packets. Of the 15 cities in the County, I 1 are using digital tablets to some degree and 4 cities,
including Los Gatos, are not yet using the digital form of agenda packet. The cities using digital tablets
continue to produce at least one hard copy of the packet for the public.
Discussions at statewide Municipal Clerk conferences indicate there is a trend among cities to move
toward digital documents to increase access for the public, to facilitate navigation among large amounts
of material, and to save time and dollars.
The Recommended Policy
The recommended policy (Attachment 3) is based on policies in other cities, including Cupertino, Morro
Bay and Madera. The Council Policy Committee revised several terms to be more consistent with Town
policies and practices. The key elements of the recommended policy include:
■ The policy covers both Town - issued tablets and the use of personal tablets for Town business;
■ Town - issued tablets are to be used solely for Town business purposes;
■ All Town- related documents, files and email messages on Town- issued and personal tablets used
for Town business are considered public records subject to disclosure;
■ Authorized users are prohibited from using electronic tablets or any electronic device to send or
receive information during Council or Planning Commission meetings.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF COUNCIL POLICIES CONCERNING:
A. PUBLIC USE OF TOWN EQUIPMENT AND SIGNS AT TOWN COUNCIL
AND PLANNING COMMISSION MEETINGS
B. USE OF TABLETS FOR DIGITAL AGENDA PACKETS
APRIL 16, 2014
If the Council adopts the policy regarding use of tablets for digital agenda packets, staff will develop an
implementation schedule for purchasing and issuing the tablets and conducting associated activities with
a goal to launch the use of tablets in August 2014.
CONCLUSION:
The Council Policy Committee has discussed and revised the policies for public use of equipment and
for the use of electronic tablets over several meetings since the Fall. The recommended policy for the
use of public equipment incorporates comments by the Council and the public, and the recommended
policy for the use of tablets is based on other cities' policies, with revisions for consistency with other
Town policies and practices. The Council Policy Committee recommends that the Town Council adopt
both policies. Staff further recommends that the implementation of these policies, as well as the
previously - adopted policy regarding submission deadlines for written comments on agenda items, be
scheduled for August 2014 coincident with the transition from Monday to Tuesday Council meetings.
Staff will bring forward an ordinance change regarding the meeting day in June.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no direct fiscal impact associated with adoption of the policy regarding public use of equipment
at Council meetings. Estimated one -time costs for the purchase of electronic tablets range from $10,000
to $25,000 depending on the number of tablets purchased. Potential ongoing costs for monthly data
plans range from $500 to $1,200 annually, depending on the number of data plans supported. Funds for
the one -time and ongoing costs are available in the Management Information Systems and non-
departmental budgets.
Attachments:
1. Public Use of Town Equipment and Signs at Town Council and Planning Commission Meetings
Policy
2. Public Guide to Town Council Meetings
3. Town Council, Planning Commission and Employee Use of Tablets for Digital Agenda Packets
Policy
DRAFT
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Public Use of Town Equipment
and Signs at Town Council and Page: 1 of 3
Planning Commission Meetings
Approved: Effective Date: Revised Date:
SUMMARY
This policy sets requirements for audio /visual presentations and the display of signs and other
symbolic material by the public at Town Council and Planning Commission meetings.
PURPOSE
The purpose of this policy is to establish procedures for public presentations using audio /visual
equipment at Town Council and Planning Commission meetings in a manner that allows the
public to present information, while ensuring that meetings progress smoothly and that Town
information systems are protected. This policy also establishes requirements related to the
display of signs, posters, and other symbolic materials by members of the audience to ensure that
such displays do not impede ingress, egress, or visibility in the meeting area.
SCOPE
This policy applies to anyone making a presentation to the Town Council or Planning
Commission using audio /visual equipment for all agenda items, including Verbal
Communications. For this policy, "Audio /visual presentation" refers to video, Power Point,
music, or other digital formats presented on an electronic device, and not photographs and
documents displayed on an overhead projector. With regard to signs and other symbolic
materials, this policy applies to all members of the public attending a Town Council or Planning
Commission meeting.
POLICY AND PROCEDURES
1. General Guidelines
a) Audio /visual presentations are permitted on all agenda items, including Verbal
Communications.
b) Public presentations using audio /visual equipment or material shall comply with the time
limits set by the Mayor or Chair for public comments. The time limit will include set -up
of the equipment or material.
c) The Town will provide a dedicated electronic device for audio /visual presentations by the
public at Town Council and Planning Commission meetings. For security reasons, the
ATTACHMENT 1
electronic device will not be connected to the Town's information systems or the Internet.
Members of the public are not permitted to connect their own electronic devices to the
Town's audio /visual equipment.
d) The Town will provide an overhead projector for the display of photographs and
documents.
e) The Town is not responsible for damage to audio /visual presentations submitted by the
public.
f) For maps and large freestanding displays, presenters should bring their own easels and
inform the Clerk Administrator or staff liaison prior to the start of the meeting.
2. Notification, Submission and Review Requirements
a) Persons wishing to make an audio /visual presentation on any agenda items, including
Verbal Communications, at a Town Council or Planning Commission meeting must
submit their presentation electronically, or on a flash drive or DVD to the Clerk Office or
staff liaison no later than 3:00 p.m. on the day of the meeting. Any audio /visual materials
not submitted by the time specified in this policy will not be displayed on or through the
use of Town equipment.
b) The Clerk's Office or the Town department responsible for the related agenda item will
confirm the compatibility of the digital format with the Town's equipment, and will
notify the appropriate individual within two hours of submission if the material is not
compatible with the Town's equipment. The Clerk Administrator or staff liaison will
load the material on the Town's dedicated electronic device prior to the start of the
meeting, and will activate the device for the presenter. The material must be queued at
the point where the speaker would like it to begin. If making a PowerPoint presentation,
the speaker should advise staff if the presentation contains audio or animation. The
presenter may use the Town's remote control to run the presentation.
c) Audio /visual presentations become a part of the Council administrative record or
Planning Commission record. If the presentation is provided on a flash drive or DVD, the
Town will retain the data storage medium unless the presenter requests it be returned.
The presenter must pick up the data storage medium from the Clerk or Planning
Commission staff within two weeks from the date of the meeting at which it was
presented
d) Persons wishing to use the overhead projector to display photographs /documents under
Verbal Communications or any agenda item are encouraged to notify the Clerk
Administrator or staff liaison prior to the start of the Town Council or Planning
Commission meeting. Any photographs /documents displayed on the overhead projector
become a part of the administrative record and the material or a copy of the material must
be retained by the Town.
e) Any member of the public may bring to a meeting printed materials regarding an agenda
item for consideration by the Town Council or Planning Commission. If the material can
be displayed on the overhead projector, section 2d of this policy applies. If the material
cannot be displayed on the overhead projector, and the member of the public wishes the
Town Council or Planning Commission to receive a copy of the material, it is requested
that the speaker provide a minimum of eight (8) copies to allow the Council or
Page 2 of 3
Commission, Clerk, key staff, persons directly affiliated with the agenda item, and the
general public to review the material. The Brown Act requires equal access to all
materials considered in a public meeting to ensure fairness and transparency.
f) Persons wishing to submit materials when speaking under Verbal Communications must
submit one (1) copy for the administrative record. The Town Council or Planning
Commission cannot take actions regarding matters raised during Verbal
Communications.
3. Signs and Other Symbolic Materials
a) Symbolic materials, such as signs, posters, banners, etc., will be allowed in the Council
Chambers with the following limitations:
• Not larger than 18 inches by 24 inches.
• No sticks, posts, poles or other such items shall be attached to the signs or other
symbolic materials.
• The items cannot create a building maintenance problem (such as confetti) or a fire or
safety hazard.
b) Members of the public with signs and other symbolic materials must not raise the items
above shoulder level (whether seated or speaking from the podium), obstruct the view of
other attendees or the Council or the passage of other attendees, or otherwise disturb the
business of the meeting.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
Page 3 of 3
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DRAFT
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Town Council, Planning Commission
and Employee Use of Tablets for
Digital Agenda Packets
Approved: Effective Revised Date:
PURPOSE
Use of electronic media enhances communication and the efficient performance of Town duties,
and thereby improves service to the public. The use of electronic media also reduces paper and
photocopying costs. The purpose of this policy is to provide guidelines for Town Council,
Planning Commission members and employee use of electronic tablets during meetings subject
to the Brown Act and at such other times as may be deemed necessary for conduct of Town
business.
SCOPE
This policy applies to Town Council members, Planning Commission members and employees
when using Town - issued devices or personal devices for Town business.
POLICY AND PROCEDURES
AUTHORIZED USERS
a. The Town Council, Planning Commission members and designated Town staff
are hereinafter referred to as AUTHORIZED USERS. Town Council and
Planning Commission members may self - select to participate in the electronic
tablet program. The Town Manager will designate Town staff eligible to receive
Town - issued electronic devices and/or compensation for use of personal
electronic devices under this policy.
b. The Town will no longer provide paper meeting packets to AUTHORIZED
USERS who elect to participate in the electronic tablet program, unless the
Authorized User so requests.
C. The explicit privileges and restrictions set forth in this policy do not attempt to
cover every situation that may arise in connection with the use of this form of
electronic communication. AUTHORIZED USERS acknowledge, understand
and respect the underlying guidelines that form the basis of this policy
d. Before being authorized to utilize an electronic tablet for Town business,
AUTHORIZED USERS shall sign the policy acknowledging understanding of
and compliance with this policy.
ATTACHMENT
2. ELECTRONIC TABLET OPTIONS
a. AUTHORIZED USERS have the option of using a Town- provided electronic
tablet or a personal electronic tablet for the conduct of Town business.
b. The Town will provide a tablet and a case to AUTHORIZED USERS who elect to
use a Town - provided tablet. Additional accessories, such as keyboards, screen
protectors, cables, etc. may be authorized by the Town contingent on need and
available funding. All property purchased by the Town shall be returned to the
Town at the end of the AUTHORIZED USER'S term or at the end of
employment.
C. If AUTHORIZED USER elects to use a personal electronic tablet for the conduct
of Town business, the Town will reimburse AUTHORIZED USER for the cost of
any software necessary to conduct Town business and for a portion of a cellular
data plan as described below. The Town does not accept responsibility for
malfunctions of personal electronic tablets or the inability of Town - purchased
software to work on these devices. Any Town - provided software or applications
on personal electronic tablets shall be de- installed at the end of the
AUTHORIZED USER'S term or at the end of employment, or AUTHORIZED
USERS may reimburse the Town for such software or applications.
3. SOFTWARE, DATA PLAN AND SECURITY
a. AUTHORIZED USERS will be provided with or reimbursed for the applications
needed to conduct Town business.
b. Town - provided tablets will be WiFi enabled. The Town may subscribe to a
cellular data plan for tablets issued to AUTHORIZED USERS to allow access to
Town information when WiFi is not available. The Town's Information Services
Manager will determine the data plan and allowable usage. The Town may
provide a stipend to AUTHORIZED USERS using their own electronic tablets
for Town business to cover a portion of a cellular data plan as needed.
C. The software and applications installed by or reimbursed by the Town must
remain on the electronic tablet in usable condition and be readily accessible at all
times. From time to time, the Town may add or upgrade software applications for
use by AUTHORIZED USERS such that AUTHORIZED USERS may be
required to check in their tablet with the Information Services Department for
periodic updates and syncing. Any software, e-mail messages or files
downloaded via the Internet or otherwise into the Town - issued electronic tablet
become the property of the Town, and may only be used in ways that are
consistent with applicable licenses, trademarks or copyrights.
d. Files from sources that AUTHORIZED USERS may have any reason to believe
may be untrustworthy shall not be downloaded, nor shall files attached to e-mail
transmissions be opened and read unless the AUTHORIZED USER has
knowledge that they originate from a trustworthy source. Downloaded files and
attachments may contain viruses or hostile applications that could damage the
Town's information systems.
e. If technical difficulties occur or illegal software is discovered, the electronic tablet
will be restored to its original settings. The Town does not accept responsibility
for the loss of any software or documents deleted due to a restoration.
Page 2 of 6
f. Town - issued electronic tablets will be password protected and used only by the
AUTHORIZED USER. Passwords should be kept confidential and not shared
with anyone, including family members. The password will be a minimum of
eight (8) characters in length and contain at least one number, one letter, and one
uppercase letter.
4. CARE OF TOWN- ISSUED EQUIPMENT
a. AUTHORIZED USERS are responsible for the general care of the Town - issued
electronic tablet. Tablets that are broken or fail to work properly must be taken to
the Information Services Department for an evaluation of the equipment.
Electronic tablets must remain free of any writing, drawing, stickers or labels that
are not the property of the Town. Only a clean, soft cloth should be used to clean
the screen.
b. AUTHORIZED USERS may be responsible for payment of the deductible for
repair or replacement if such damage was due to negligence or misuse. After a
second occurrence of damage, AUTHORIZED USERS are solely responsible for
reimbursing the Town for the fair market value of the repair or replacement.
C. AUTHORIZED USERS must report immediately to the Information Services
Department if the tablet is lost or stolen. If, due to AUTHORIZED USER'S
misuse or neglect, the tablet is stolen or lost, the AUTHORIZED USER shall pay
the full replacement value.
5. USE OF ELECTRONIC TABLETS
a. The electronic tablet, Internet and e-mail access provided are tools for conducting
Town business. Thus, the use of such tools by AUTHORIZED USERS will be
solely for Town business purposes, (i.e., to review agenda materials, obtain
information for Town - related business and conduct Town business
communications as appropriate). All of the Town's computer systems, including
the electronic tablet, are considered to be public property. All Town - related
documents, files and e-mail messages created, received, stored in, or sent from
any Town - issued tablet or from any personal tablet used for Town business are
considered public records, subject to disclosure to the public pursuant to the
California Public Records Act, Govt. Code §§ 6250- 6276.48, and are considered
the property of the Town of Los Gatos.
b. All existing Town policies will continue to apply to the conduct of
AUTHORIZED USERS on the Internet and in the use of e-mail, including, but
not limited to, those that deal with the misuse of Town resources, sexual
harassment, electronic communications, information and data security, and
confidentiality.
C. During Council or Planning Commission meetings, AUTHORIZED USERS shall
use electronic tablets and all electronic devices solely for the purpose of accessing
the current meeting packet and are prohibited from using electronic tablets or any
electronic device to send or exchange facts about or engage in discussions
Page 3 of 5
regarding Town issues via electronic communication including e-mail, instant
messaging, text messaging, twitter feeds or similar forms of electronic
communications with any other Council or Planning Commission member, staff
or member of the public. AUTHORIZED USERS shall not use the electronic
tablet or any electronic device in any way as to violate the public meeting
requirements of the Brown Act and the California Public Records Act. Town
staff is authorized in limited circumstances to use electronic devices to access
additional information concerning issues raised at the meeting.
d. AUTHORIZED USERS shall not use Town - issued electronic pads for operating a
business for personal gain, sending chain letters, soliciting money for religious or
political causes, or any other purpose that interferes with normal Town business
activities.
6. COMPLIANCE WITH POLICY
a. There is no expectation of privacy with respect to the use of an electronic tablet for
Town business. The Town reserves the right to inspect any and all files stored on
electronic tablets that are the property of the Town in order to ensure compliance
with this policy. AUTHORIZED USERS do not have any personal privacy right
in any matter created, received, stored in or sent from any Town - issued tablet.
AUTHORIZED USERS using a personal tablet for Town business do not have
any personal privacy right in any Town- related matter created, received, stored in
or sent from the personal tablet used for Town business.
d. Any violation of any provision of this policy may constitute official misconduct
and grounds for discipline, including, but not limited to, discontinuance of the
privilege of using a Town - issued electronic tablet.
Page 4 of 5
TOWN OF LOS GATOS
ELECTRONIC TABLET AGREEMENT
I, the undersigned AUTHORIZED USER of the Town of Los Gatos, have been provided
a copy of the Town of Los Gatos Electronic Tablet Policy and understand its contents fully. I
accept and understand the terns of the policy and agree to abide by all terms contained in it.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
NAMASTEMOfficial Policies \Council Policy Fo mat.doc
Page 5 of 5
Signature
Printed Name
Position
Date
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