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HomeMy WebLinkAbout135-00 RESOLUTIONRESOLUTION NO. 135-00 MICROFILMED A RESOLUTION ADOPTING A POLICY FOR USE OF THE CITY OF FAYETTEVILLE ADMINISTRATIVE BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby adopts a policy for use of the City of Fayetteville Administrative Building for the purpose of clarifying the rules for use of the conference rooms at the city administration building, and to prevent any viewpoint based discrimination or otherwise unconstitutional applications of the policy that has been in force since 1990, which is hereby superseded. The policy shall be as follows: 1. The conference rooms at the City Administration Building shall be available for government business only. For purposes of this policy "government business" includes the following: a. Regular and special meetings of the City Council, city staff, and boards and commissions created by the Mayor or the City Council to deal with issues of city government, whose members are appointed by the City Council or through a public application process. Examples include the Environmental Concerns Committee, the Juvenile Concems Committee, the Telecommunications Board, and ad hoc committees created to deal with city ordinances or practices. b. Meetings of other government entities, such as the U.S. government, the Arkansas state government, the University of Arkansas, or the Fayetteville Public Schools. Examples include U.S. Banlcruptcy Court, Fayetteville School Board, etc. c Any activity officially sponsored or sanctioned by the City Council, city staff, other elected city officials, or a city board or commission either by fmancial support (contract for services), or by an official action. Examples include First Night, Community Access Television Board, mayoral proclamations, and neutral forums sponsored by the Telecommunications Board. d. Any meeting called and presided over by one or more elected city officials or staff members pertaining to city policies, ordinances, budget, or matters currently pending before the City Council. 2. Anyone wishing to reserve a conference room for government business shall make the reservation through the City Clerk. The City Clerk shall accept reservations on a first-come first-served basis. The City Clerk may deny a room reservation request based on lack of room availability, lack of staff availability • • Page 2 Resolution No. 135-00 after business hours, or because the room is not being requested for govemment business as defined in paragraph 1. The City Clerk shall have the authority to designate the room for meetings under this policy, provided that the room designated will accommodate the size of the group expected to attend. 3. Meetings of the City Council, city staff and city boards and commissions shall have precedence in room scheduling. Committee chairs and those who call staff meetings shall notify the City Clerk as soon as reasonably possible when they believe they will be needing a conference room for a meeting. 4. The number of people, cars and noise involved in the planned use must not interfere with regular city usage of the building or the reasonable expectations of the surrounding area. 5. Light refreshments may be served, but must require no facilities for preparation, cooling or cleanup. No alcoholic beverages are allowed. 6. All meetings under paragraph 1.d. of this policy shall be open to the public In addition, all meetings under this policy involving more than one member of the City Council, or of any city board or commission, shall comply with the requirements of the Arkansas Freedom of Information Act. 7. An elected official may deny citizen requests for meetings under paragraph 1.d. if there is no room available at the time requested, or if he or she is not available to preside over the requested meeting, or if the request is repetitive or harassing in nature, or if the requested meeting does not pertain to city policies, ordinances, budget, or matters currently pending before the City Council as required by that paragraph. However, elected officials shall not deny these requests based on the actual or perceived viewpoint of the citizen or group making the request. 8. Anyone who causes damage to city property while the building is open for meetings under this shall be financially responsible for the damage. •' i4r, t AND APPROVED this 3rd day of October , 2000. r, ` APPROVED; leather Woodruff, City rk By: Fred Hanna, Mayor NAME OF FILE: y% Agg CROSS REFERENCE: Date Contents of File Initials /D -3-6V rC ../._. - 4 . /25-,M il ,M (W) 9.7Q -ea nixzL9 .1 /fr 41 ‘Y Z / ,/ 1 . ;�1_:,. i / Gr92t,/ Melo 9-0o X7€10 C 00n • • PROPOSED POLICY FOR USE OF THE FAYETTEVILLE CITY ADMINISTRATION BUILDING 9/29/2000 It is the purpose of this policy to clarify the rules for use of the conference rooms at the City Administration Building, and to prevent any viewpoint -based discrimination or otherwise unconstitutional applications of the policy that has been in force since 1990, which is hereby superseded. 1. The conference rooms at the City Administration Building shall be available for government business only. For purposes of this policy, "government business" includes the following: a. Regular and special meetings of the City Council, city staff, and boards and commissions created by the Mayor or the City Council to deal with issues of city government, whose members are appointed by the City Council or through a public application process. Examples include the Environmental Concerns Committee, the Juvenile Concerns Committee, the Telecommunications Board, and ad hoc committees created to deal with city ordinances or practices. b. Meetings of other government entities, such as the U.S. government, the Arkansas state government, the University of Arkansas, or the Fayetteville Public Schools Examples include U.S. Bankruptcy Court, Fayetteville School Board, etc. c Any activity officially sponsored or sanctioned by the City Council, city staff, other elected city officials, or a city board or commission either by financial support (contract for services), or by an official action. Examples include First Night, Community Access Television Board, mayoral proclamations, and neutral forums sponsored by the Telecommunications Board. d. Any meeting called and presided over by one or more elected city officials or staff members pertaining to city policies, ordinances, budget, or matters currently pending before the City Council. 2. Anyone wishing to reserve a conference room for government business shall make the reservation through the City Clerk. The City Clerk shall accept reservations on a first-come, first-served basis. The City Clerk may deny a room reservation request based on lack of room availability, lack of staff availability after business hours, or because the room is not being requested for government business as defined in paragraph 1 The City Clerk shall have the authority to designate the room for meetings under this policy, provided that the room designated will accommodate the size of the group expected to attend. 3. Meetings of the City Council, city staff and city boards and commissions shall have precedence in room scheduling. Committee chairs and those who call staff meetings shall notify the City Clerk as soon as reasonably possible when they believe they will be needing a conference room for a meeting. 4. The number of people, cars, and noise involved in the planned use must not interfere with regular city usage of the building or the reasonable expectations of the surrounding area. 5. Light refreshments may be served, but must require no facilities for preparation, cooling or cleanup. No alcoholic beverages are allowed. 6. All meetings under paragraph 1 .d. of this policy shall be open to the public. In addition, all meetings under this policy involving more than one member of the City Council, or of any city board or commission, shall comply with the requirements of the Arkansas Freedom of Information Act. 7. An elected official may deny citizen requests for meetings under paragraph 1.d. if there is no room available at the time requested, or if he or she is not available to preside over the requested meeting, or if the request is repetitive or harassing in nature, or if the requested meeting does not pertain to city policies, ordinances, budget, or matters currently pending before the City Council as required by that paragraph. However, elected officials shall not deny these requests based on the actual or perceived viewpoint of the citizen or group making the request. 8. Anyone who causes damage to city property while the building is open for meetings under this policy shall be financially responsible for the damage. FROM: TO: DATE: SUBJECT: • MEMORANDUM Kyle Russell City Council September 29, 2000 Minor revisions to City Hall use policy • Yesterday morning, I met with John Maguire, Harold Dahhnger, Rick Hoyt, Mickey Jackson and Steve Davis regarding my most recent proposal for the use of City Hall, dated 9/26/2000, which you received at the agenda session on that date. Attached is a proposal with today's date, in which I have made some minor changes to incorporate suggestions and security concerns raised at yesterday's meeting with staff. This is the draft that I would like the resolution to incorporate and the council to consider at Tuesday's meeting. I have been out of town since yesterdays meeting, so I couldn't get this draft to Heather in time for inclusion in your actual agenda packet. The minor changes are as follows: Paragraph 2 now includes a sentence giving the City Clerk discretion to designate the room for meetings, as long as the size of the room meets the needs of the group that is meeting. This was a suggestion from Harold Dahlinger to address security concerns. It is my intent that the City Clerk will work with the Facilities Supenntendent in designating meeting rooms. Paragraph 6 now includes a provision that all meetings under paragraph 1.d. will be open to the public. This was a suggestion from Rick Hoyt and is intended to keep the person or people who have requested the meeting with the elected official or staff member from being able to exclude other people who would like to listen in or peacefully express their views. Of course, if there is a disturbance, then there would be a violation of paragraph 4, and the police would become involved Lt Hoyt understands this fully. Note that these meetings only require press notification if they involve more than one member of the City Council, or of a city board or commission. Paragraph 7 now includes a provision allowing elected officials to deny requests for meetings if they are repetitive or harassing in nature. This was another suggestion of Lt. Hoyt and is intended to keep elected officials from being subjected to repeated meeting requests from the same citizens or groups about the same subject, with no new information being discussed. Finally, I have added a paragraph 8 stating that anyone causing damage to city property while the building is open for meetings under this policy will be financially responsible for the damage caused. In light of tort law, this provision is probably not necessary, but staff members indicated that they would prefer that this principle be made crystal clear. I am looking forward to a productive discussion and vote on this matter Tuesday night. If you have any last-minute revisions to suggest, please bring them to that meeting. It is my understanding that we can amend the policy before we vote on it if need be. cc: Mayor Fred Hanna, City Clerk Heather Woodruff, City Attorney Jerry Rose, Administrative Services Director John Maguire • • RESOLUTION NO. 135-00 • A RESOLUTION ADOPTING A POLICY FOR USE OF THE CITY OF FAYETTEVILLE ADMINISTRATIVE BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby adopts a policy for use of the City of Fayetteville Administrative Building for the purpose ofclan fying the rules for use of the conference rooms at the city administration building, and to prevent any viewpoint based discrimination or otherwise unconstitutional applications of the policy that has been in force since 1990, which is hereby superseded. The policy shall be as follows: 1. The conference rooms at the City Administration Building shall be available for govemment business only. For purposes of this policy "government business" includes the following: a. Regular and special meetings of the City Council, city staff, and boards and commissions created by the Mayor or the City Council to deal with issues of city govemment, whose members are appointed by the City Council or through a public application process. Examples include the Environmental Concerns Committee, the Juvenile Concerns Committee, the Telecommunications Board, and ad hoc committees created to deal with city ordinances or practices. b. Meetings of other govemment entities, such as the U.S. government, the Arkansas state govemment, the University of Arkansas, or the Fayetteville Public Schools. Examples include U.S. Bankruptcy Court, Fayetteville School Board, etc. c. Any activity officially sponsored or sanctioned by the City Council, city staff, other elected city officials, or a city board or commission either by financial support (contract for services), or by an official action. Examples include First Night, Community Access Television Board, mayoral proclamations, and neutral forums sponsored by the Telecommunications Board. d Any meeting called and presided over by one or more elected city officials or staff members pertaining to city policies, ordinances, budget, or matters currently pending before the City Council. 2. Anyone wishing to reserve a conference room for government business shall make the reservation through the City Clerk. The City Clerk shall accept reservations on a first-come first-served basis. The City Clerk may deny a room reservation request based on lack of room availability, lack of staff availability