HomeMy WebLinkAbout1981-08-04; City Council; 6701; Provisions for Recording Meeting in ComplianceCITY OF CARLSBAD
AGENDA BILL NO._ G '7d
Initial:
DATE: August 4, 1981 Dept.Hd.
C. Atty.—'\
DEPARTMENT: City Attorney C. Mgr' -
Subject: REVISION OF MUNICIPAL CODE TO BRING '^HE PRO;TTSIONS FOR
RECORDING MEETINGS INTO COMPLIANCE WITH THE STATE PUBLIC
_RECORDS ACT.
Statement of the Matter
The Council Procedural Ordinance provides :hat tape recordings of
meetings may not be mechancially reproduced. This is in conflict
with state law. Even though the recordings are only an aid to
minute preparation and are not records regularly kept i'i the course
Of city business, the public has a right to reproduce the tape
until the recording is erased or otherwise destroyer?. This
ordinance will bring the proc-dural ordinance into compliance with
the State Public Records Act.
Fiscal Impact
The Clerk will be authorized to collect fees to cover the cost of
administering this provision.
Recommendation
Introduce Ordinance No.
COLUCTL ACTION:
8-4-81 Council introduced Ordinance No. 1240.
APPROVED
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ORDINANCE NO.
1240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1,
CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL
CODE BY TIME AMENDMENT OF SECTION i . 20 . 1 70 TO
BRING THE PROVISIONS FOR RECORDING MEETINGS
INTO COMPLIANCE WITH THE STATE PUBLIC RECORDS
ACT.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.20 of the Carlsbad
Municipal Code is amended by the amendment of Section 1.20.170
to read as follows:
'11.20.170 Recordings of meetings: (a) The City Clerk
may tape record City Council meetings as an aid in the
preparation of the minutes. If tape recordings are made, they
shall be retained by the City Clerk until such time as the
minutes have been approved by the City Council. Upon such
approval of the written minutes by the City Council, the City
Clerk may reuse or erase such tape recordings unless
specifically requested by the City Council or 4-he City Attorney
to retain such tapes at the time the minutes are approved.
(b) While the City Clerk has the tape recordings in
her possession, members of the public may hear tape recordings
of the City Council meetings during office hours when it will
not inconvenience the ordinary operation of the Clerk's Office;
brief or shorthand notes may be made; mechanical recordings may
be made from said tapes until the minutes are approved unless
the tape recording is retained according to Subsection (a); and
in this connection, the City Clerk is further authorized to
;allow the recording machines to be used by the public for
listening or recording purposes when such machines are not
necessary for use by the City Clerk in the ordinary function of
the office. The City Clerk is not authorized to provide a
transcript of any tape recording. The City Clerk may establish
rules and regulations necessary to protect the safety of the
records against theft, multilation or accidental damage, to
prevent inspection or recording from interfering with the
orderly function of the office, and to ensure that the integrity
of the records is maintained. The City Clerk may charge a fee
to cover the cost, including labor and materials, of but not
limited to providing records and administering this provision.
(c) If any person wishes a record of the City Council
meeting, or any portion thereof, a request therefor shall be
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filed with the City Clerk twenty-four hours prior to the meeting.
If such a request is received, the City Clerk shall make
arrangements to make and preserve such a record at the expense
of the person making the request.
If any person desires to have a matter reported by
a stenographer reporter, he may employ one directly at his
expense or request that the City Clerk arrange, also at the
requesting party's expense, for a reporter. Any such request
shall be made in writing at least two full working days before
the meeting. The City Clerk may require a deposit before making
arrangements for any such record."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, .nd the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
fits adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 4th day of August ,
19 81 , and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 18th day of August , 19 81 , by
the following vote, to wit:
AYES: Council Mabers Packard, Casler, dear, Le�,ris.
1 ATTEST :
( SPAL )
NOES: None
ABSENT: Council rRmber Kulchirt.
ONALD C. PACKARD, Mayor
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