AGENDA #11
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Electronic Meeting Proposal
DATE: January 9, 2006
The purpose of this memorandum is to provide a response to the Chair of the Technology Committee’s request to integrate electronic committee meetings with regular committee meetings on a trial basis.
BACKGROUND
In August 2005, Mr. Gregg Gerdau, Chair of the Technology Committee, submitted a letter to the Town Manager requesting permission to integrate electronic meetings with regular committee meetings on a trial basis. The request noted a rationale and a process by which electronic meetings could meet both the letter and spirit of the standards for open meetings as set forth in the North Carolina General Statutes.
The North Carolina open meetings statute indicates each official meeting of a public body, including advisory boards, should be open to the public and any person is entitled to attend these meetings. Our advisory boards have adhered to this standard as well as other provisions related to such meetings including public notification and maintaining a record of the meetings.
Electronic facilities for communicating have increased the opportunity and ease by which individuals and groups can share ideas and exchange information. Although some of these electronic capabilities were not directly addressed or even envisioned by the creators of the statute, the standards set by the open meetings statute none-the-less continue to apply.
The Town’s objective in conducting public meetings has always been to comply with the statute.
To explore the possibilities for using electronic processes to enhance the ability for our advisory boards to conduct their business, we contacted David Lawrence of the University Of North Carolina School Of Government and asked his opinion.
Mr. Lawrence summarized his opinion by saying: “I think the Committee’s proposal does as good a job as can be done of fitting email conversations into the framework of the open meetings law. That said, I’m certainly not sure that a court would agree that it satisfies the law’s requirements, although I think it probably does.”
My own view is that conducting electronic meetings is not consistent with the spirit of the open meetings law and the Chapel Hill traditions of conducting open public meetings where citizens can observe the public debate and, when appropriate, participate in it. I believe that the character of a listserv discussion on a computer is substantially different from a live discussion in front of interested citizens.
I respect that this is a policy decision that should be made by the Council and request the Council’s guidance as to what action, if any, should be taken regarding Mr. Gerdau’s request on behalf of the Technology Committee.
RECOMMENDATIONS
I recommend that the Council consider this matter and give direction to the Manager as to what action, if any, should be taken.
ATTACHMENTS