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HomeMy WebLinkAbout2/24/03 . City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR WATER BOARD MEETING Monday, February 24, 2003 7:00 P.M. Conference Room A 1. Call to Order 2. Approve Agenda 3. Approve Minutes -regular meeting, January 27, 2003 4. Continued Discussion Items . a) Pumphouse 6 and 7 Update b) SCADA System 5. New Business a) Main Street Project 6. Approve Bills 7. Financial Report 8. Open Forum 9. Adjourn . . . . '" CAMPBELL KNUTSON Thomas.l. Campbell Roger N. Knutson Thomas M. Scott Elliott 8. Knctseh .loci .I. .Iallll1ik Andrea McDowell Poehler Matthew K. Brokl* *..I/so lict'l1sed ill Wis,'onsin Professional Association Attornevs at Law (651) 452-5000 Fax (651) 452-5550 .Iohn F. Kelly Matthcw .I. Foli Sorcn M. M,lttick Margucrite M. McCarron Gina M. Brandt Author's [lired [IiI/I: 1(51) 234-6219 f-ll/ilil Address: February 24, 2003 To: Lee Mann From: Joel Jamnik Subject: Use of teleconferencing at Water Board Meetings You asked for my opinion regarding the practice of having one of the Water Board Commissioners participate in the Board's meetings from a remote location using a speakerphone. It is not uncommon for cities to employ speakerphones as part of meetings of the city councilor appointed boards. Many cities and other local governments find it an economic way to involve experts and consultants in their proceedings without incurring higher costs if these individuals had to travel to the site of the meeting. Given the state's climate, electronic means have also been employed to minimize the number of trips by appointed and elected officials to and from their winter residences. Unfortunately perhaps, the state's open meeting law allows only limited use of electronic means to conduct official business. Most notably, under the law the electronic connection must provide both audio and video capability if the individual is to fully participate. The law, in its entirety, provides: 13D.02 Meetings conducted by interactive TV; conditions. Subdivision 1. Conditions. A meeting governed by section 13D.01, subdivisions 1,2,4, and 5, and this section may be conducted by interactive television so long as: (1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present; (2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; (3) at least one member of the body is physically present at the regular meeting location; and (4) each location at which a member of the body is present is open and accessible to the public. Subd. 2. Members are present for quorum, participation. Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 3. Monitoring from remote site; costs. If interactive television is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection. Subd. 4. Notice of regular and all member sites. If interactive television is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in section 13D.04. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 # . . . # Absent all these conditions, any participation by an absentee member by speakerphone must be somewhat limited; their participation can not count toward a quorum and their votes can not be officially counted or recorded on any action item. However, the law would not preclude them from listening to agenda items, participating in discussions as allowed by the Chair, or even indicating how they would vote if they were present. There are some practical issues to consider as well. For instance, the more important the meeting or agenda items are, the less acceptance the public wi11likely have with this practice. Also, the number of meetings, officials involved, and nature of the meetings can affect public attitudes and opinions, and the view of the appointing officials. In moderation, the use of a speakerphone doesn't pose too many legal problems. However, if the absences are frequent, I would recommend exploring means by which the Board can fully comply with the statute. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121