CCP127 Electronic CommunicationsCITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
Page Date Number
ELECTRONIC COMMUNICATIONS
DURING OPEN PUBLIC MEETINGS
SUBJECT TO THE BROWN ACT 1 of 1 2/5/13 127
Purpose: Use of electronic media is necessary and useful for City Council, Commission,
Committee and Board members in order to improve communication and efficiently perform their
City duties. The purpose of this policy is to insure the proper use of electronic media by the
City Council, Commission, Committee and Board members during meetings subject to the
Brown Act to comply with applicable laws concerning hearings and deliberating procedures,
including due process, particularly regarding information received at a public hearing or
meeting, and to insure completeness of the administrative record of such meetings.
Definitions:
a. Electronic Communication System Devices -- products designed to electronically
process, transmit, or store information such as computers, phones, cell and smart
phones, printers, modems, data files, iPads, tablets, readers and email.
b. E-Communication -- electronic text or visual communication and attachments distributed
via e-mail, websites, instant messaging, text messaging, twitter, or comparable services.
Procedures:
a. Distribution of Agenda Packets: The distribution of agenda packets to City Council,
Board, Commission and Committee members may be in hardcopy or through electronic
media. City Council, Board, Commission and Committee members may also access
agendas and agenda packets via Electronic Communication System Devices to view
during public hearings and public meetings.
b. Use of E-Communications During Meetings: During City Council, Board,
Commission and Committee meetings noticed and open to the public pursuant to the
Brown Act, the use of Electronic Communication System Devices by members to access
the internet or to receive and send email or text messages, is not permitted. This
prohibition shall not apply to email or text messages from or to family members, family
care givers, or other urgent personal or business matters that do not address City
business.
c. Public Records Act/ Due Process: City records, whether paper or electronic, are
governed by the public disclosures requirements of the California Public Records Act. In
the event that a message is received or transmitted inadvertently during a meeting
subject to the Brown Act, the content of the message shall be immediately disclosed,
and the e-communication shall become a part of the public record.
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