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HomeMy WebLinkAbout4.d. Hold discussion regarding protocol for handling written public comment correspondence received as part of Board and Committee meetings Page 1 of 8 Item 4.d. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER DRAFT MEETING DATE: JULY5, 2022 SUBJECT: HOLD DISCUSSION REGARDING PROTOCOL FOR HANDLING WRITTEN PUBLIC COMMENT CORRESPONDENCE RECEIVED AS PART OF BOARD AND COMMITTEE MEETINGS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER ISSUE At the June 16, 2022 Board meeting, staff was provided direction to add a future agenda item to the Administration Committee to further discuss District protocol on correspondence received during Board and Committee meetings. BACKGROUND As described in the District's current Board Handbook, members of the public may comment on items that are on the agenda as they come up for discussion. The Board President will ask if anyone present wishes to comment on the agenda item. For items that are not on the agenda, the public may comment during the "Public Comment Period." The Brown Act prohibits discussion of non-agendized items. I n some cases, it may be appropriate for Board Members to ask questions in order to clarify the matter, so it may be properly agendized for a future meeting. For public comments on items on the agenda, the Board may discuss the merits of the item after public comment. During this time, the Board may ask staff additional questions or seek the advice of the General Manager and/or the District Counsel. During the last two years of the pandemic, the Board has received public comments via the Speaker/Comment Card option on the District website or via electronic mail to the Secretary of the District. In past practice, the Secretary of the District has read the comments received for the record and the public comment is uploaded to the District website after the meeting for public review. July 5, 2022 Regular ADM IN Committee Meeting Agenda Packet- Page 20 of 41 Page 2 of 8 Staff has complied responses received from two different survey's of sister agencies and cities on their protocols of reading public comments and where public comments are stored. Attachments 1 and 2 provide the survey responses received to date. ALTERNATIVES/CONSIDERATIONS The Board could choose to continue with current practices and/or not create a Board policy. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee discussed this matter at its meeting of July 5, 2022 and recommended RECOMMENDED BOARD ACTION Hold discussion and provide direction to staff as may be applicable. ATTACHMENTS: 1. Survey of public comment protocol (conducted for Board discussion prior to the June 16 BOD mtg) 2. Survey of public comment protocol (conducted after direction given at June 16 BOD mtg) July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 21 of 41 Survey of Public Comment Protocol (conducted for Board discussion prior to the June 16 BOD mtg) Agency Policy Public Comment Protocol Additional Information Currently,the SOD reads all public comments received via the Central San website Central San No Speaker/Comment Card or by email for the record. All written public comments are posted as part of the agenda documents. Verbiage from Agenda How to Submit Public Comments: Please note that emailed comments will not be read aloud by staff. Written:All comments received before 3:00 pm the day of the meeting will be posted on the City's website as "Correspondence" under the City of relevant agenda item and provided to the City Councilmembers prior to Concord No Public comments received are not read aloud by staff. the meeting. • Email comments to cityclerk@cityofconcord.org. • If you are commenting on a particular item on the agenda,please identify the agenda item number and letter. • If you are commenting on an item not listed on the agenda,please identify your comment as a General Public Comment. Listed on webpage for instructions to the public: • Written communications from the public to be included in the agenda packet shall be submitted to the City Clerk no later than Public comments are not read when received via e- 5:00 pm on the Monday preceding the regular meeting. mail. Staff posts e-mails to webpage packet and title Written communications from the public regarding an agenda item City of Lafyette No them as "additional public comment". A printed copy submitted to the City Clerk no later than noon on the day of the is made and is available for inspection at city offices. public meeting will be distributed at the meeting to the members of the City Council,the City Manager,and the City Attorney.At least three copies shall be available for public inspection and it shall be made available as part of the agenda packet. July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- Pagap of t Survey of Public Comment Protocol (conducted for Board discussion prior to the June 16 BOD mtg) Agency Policy Public Comment Protocol Additional Information Verbiage from Agenda Send your e-mail to ssmith@cityoforinda.org by 3pm on the day of the meeting. Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition,they Public comments are not read into the record. They will be available electronically by Spm on the day of the meeting by are posted on website to make them available to the selecting the date of the meeting in dropbox. City of Orinda No public. If someone sends an e-mail during the meeting and doesn't want to read it themselves,then Comments may also be submitted by e-mail during the meeting up until it will be read. the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record,e-mail must contain in the subject line"Public Forum-Not on the Agenda" or "Public Comment-Agenda Item #"with the relevant agenda item indicated. During COVID, due to the lack of in person availability, CCWD began to read any letters received by 4:00 p.m.the day of the Board meeting into the record.As of April 20, 2022,when they ended the Contra Costa teleconference option and reopened the Board Room Water District No to the public,they no longer read them.The Board President announces the number of letters received and notes they are available for review in the Board Room and will be attached to the minutes. Public comments received are not read aloud.The Mayor notes that"the Council received written public City of comment from..."and names all the people.The Pleasant Hill No written public comments received after the agenda packet was published until 4 pm the day of the meeting are uploaded as part of the final agenda packet into Laserfiche. July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- Pagp of t Survey of Public Comment Protocol (conducted for Board discussion prior to the June 16 BOD mtg) Agency Policy Public Comment Protocol Additional Information Council discussed this issue in 2021,and ultimately City of decided not to have e-mails submitted read aloud.A Brentwood No PowerPoint slide is made with a summary of the e- mails received,which is shown on screen during public comments with the timer,and emails are posted with appropriate redactions on the website. EMBUD accepts written comments.The Secretary Submittirg written commerts or materials: makes no global promise to read the public comment . Email written comments or other materials for the Board of Directors to Sec f ceLMmud.com. during the meeting,but most times it is. For any East Bay written comment received and read fully,in part, or Please indicate the meeting date and agenda item number or non agenda item in the subject of the email. Municipal Water District No not read,the secretary advises during the meeting Contact information is optional. that the comments have been received,sent to the @ Please email by 4 p.m.the day prior to the scheduled committee,workshop,special or regular Board (if applicable),and will be made a part of the meeting;written comments and other materials submitted to the Board of Directors will be filed in the record. record. At every board meeting, members of the public are Should comments be received via electronic mail,the President states they allowed to address the board on any item of interest have been received. If they have a public hearing item or comment period within the subject matter jurisdiction of the board that item,those will be read aloud is not already included on the posted agenda.The board president asks anyone desiring to make public comments to fill out a speaker card with his/her name Public comments are limited, as noted on the agenda,to five minutes per Dublin San and address so that the minutes accurately reflect the speaker. Directors may ask clarifying questions but cannot take any action on, Ramon speaker's identity and affiliation, and so that the district discuss, or debate the matters presented during the public comment period. Services Yes can contact the speaker if necessary. Members of the Members of the public also may make a request to have an item placed on a District public who decline to provide a speaker card shall be future agenda during the public comment portion of the meeting.After allowed to address the board.The president calls considering such a request,the board may provide direction to the general speakers to the lectern and asks them to identify manager by motion, properly seconded and approved, regarding including themselves, announce their item, and address the that item on future board or committee agendas. board. Speakers may decline to identify themselves. ** DSRSD is currently reviewing this policy. July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- Pagap of t Survey of Public Comment Protocol (conducted after direction given at the June 16 BOD meeting) When you receive electronic If so, do would read public Would you read them Agency public comments do you read comments that are signed if they are personal Do you post them on the website, in agenda them aloud at the meeting? anonymously? (directed at specific packet or in minutes after they are received? employees)? Yes, all electronic public comments Yes Currently,yes. Public comments received are added as part of the received are read in its entirety to the agenda packet on the District website. Board. Central San When receiving electronic public Yes, it would be announced. The comment would be Public comments are summarized and captured in the comments the sender is identified. summarized. minutes.The public comments are not included on the Alameda The Board is provided a copy of the website, only what is summarized in the minutes. County Water public comment and summarized District aloud during the meeting. The sender's name and subject are Yes, it would be announced that Sender's name and Public comments are included in the minutes after they announced only. an anonymous letter was received subject announced only. are received. East Bay along with the subject. Municipal District Public comments received prior to the No No The Board President will most often annouce reciept of Board meeting are forwarded to the the public comment but the comments are not included Orange County Board but are not read aloud. in the minutes, but might be referenced if a discussion is Water District held. Public comments are filed with the board packet for permanent retention. Public comments received No No Public Comments made using the Granicus tool electronically are not read aloud. eComment are visible to the Board members and the Comments received prior to the public at the time they are made.All comments prior, City of meeting are forwarded to the during and post meeting are put into a single record and Sacramento legislative body, prior to the meeting. maintained in records repository as a permanent record. Comments made during the meeting are gathered post meeting, merged with"pre"comments. July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- Pagaeg�l5 0f�, Survey of Public Comment Protocol (conducted after direction given at the June 16 BOD meeting) When you receive electronic If so, do would read public Would you read them Agency public comments do you read comments that are signed if they are personal Do you post them on the website, in agenda them aloud at the meeting? anonymously? (directed at specific packet or in minutes after they are received? employees)? Public comments received No No All public comments received are posted on the website City of electronically are not read aloud. via a webform as an excel file on the website as a stand- San Diego alone document on the same page as the Agenda. The sender's name is announced. Yes,they would announce that an Sender's name Public comments are posted to the city's website. anonymous letter was received. announced only. City of San Ramon Public comments are distributed to N/A No Yes,they are posted online to the website agenda and, if Council and uploaded to the website applicable, name is noted in the public comment section City of South via eComment portal. of the minutes. San Francisco During shelter-in place public Yes Yes Public Comments were posted prior to the meeting, read comments were read. Returning to in- aloud at the meeting, and posted live during the meeting person meetings, comments are no as they came in. City of longer read. Walnut Creek Public comments are now complied into a .pdf and added as an addendum to the City Council agenda packets online. They are emailed to the City Council prior to the meetings and have a 2-hour cutoff time period in which after that time,those are added to the July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- Paga of p t Survey of Public Comment Protocol (conducted after direction given at the June 16 BOD meeting) When you receive electronic If so, do would read public Would you read them Agency public comments do you read comments that are signed if they are personal Do you post them on the website, in agenda them aloud at the meeting? anonymously? (directed at specific packet or in minutes after they are received? employees)? council correspondence report which is published later in the week. As of June 23,2022 July 5, 2022 Regular ADMIN Committee Meeting Agenda Packet- PaggW OON1