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02-22-21 City Council Work Session MinutesCITY COUNCIL KCMOF WORK SESSION MINUTES ALISPELL February 22, 2021, at 7:00 p.m. This meeting occurred with Council and staff present in Council Chambers with social distancing in place, as well as via video conferencing. The public was invited to participate via videoconferencing: Register to join the video conference at: httos:Hus02web.zoom.us/webinar/reaister/WN 9XsVkH5rSJaghODSHHn4Kw. Public comment can be also be provided via email to publiccomment@kalispell.com. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. Mayor - Mark Johnson: Present in Council Chambers Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Present in Council Chambers Council Member - Sam Nunnally: Present in Council Chambers Council Member - Chad Graham: Present in Council Chambers Council Member - Kyle Waterman: Absent Council Member - Ryan Hunter: Present in Council Chambers Council Member - Tim Kluesner: Present in Council Chambers Council Member - Sid Daoud: Present in Council Chambers Staff present in Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, and City Clerk Aimee Brunckhorst. B. DISCUSSION ITEMS Council Communication Policies 01 G City Manager Doug Russell provided a refresher on the Council's policies and procedures and how that intertwines with state law. He reviewed the process the council went through to determine policies and procedures, and the related training provided to new council members. He then explained that this item was brought forward related to concerns about social media posts and explained the position and reasoning of the city as it relates to social media. He highlighted several communication policies and how they relate to electronic means of communication such as social media. He spoke regarding the focus within the policies on openness, respect and civility. 00:11:05 Mayor Johnson asked staff about the management of risk related to council communication. He referred to related public comment received that referred to the 2013 Montana Supreme Court case related to the Lakeside Neighborhood Planning Committee and Flathead County. Page 1 of 4 Kalispell City Council Minutes, February 22, 2021 00:12:28 City Attorney Harball spoke regarding how the Supreme Court case mentioned relates to the subject under discussion. He spoke regarding city exposure related to social media. The right to know is a constitutional right in the State of Montana which is held to a higher standard. 00:15:56 Councilor Hunter related his reasoning and responded to some of the concerns brought forth regarding his public social media posts related to council matters. He spoke regarding considering it his obligation and civic duty as an elected official to communicate to the public and constituents about what is happening on council including his thoughts and positions on issues. He continued with his methods and reasoning for doing so. He provided examples of forms of communication he feels are similar that the Mayor and other council members have utilized. He went into further detail as to why he feels his methods are legal and acceptable. 00:30:36 Councilor Graham provided discussion regarding his anger and frustration with this matter and explained his reasoning. 00:33:53 Councilor Hunter provided further discussion. Councilor Graham and Hunter provided further discussion. 00:35:55 Mayor Johnson provided discussion related to his concerns and the risks associated with violations to the open meeting laws. 00:40:14 Councilor Hunter provided further discussion explaining his position. 00:41:22 City Manager Russell provided information about the controlled manner in which the city social media page is conducted. He then provided further examples of how this issue relates to state law and council policies and procedures. He spoke regarding the intent within the policies and procedures to set expectations for a conducive environment amongst the governing body. 00:43:16 City Attorney Harball spoke to the importance of realizing that social media comments underneath a council member's post can act as a forum conducted away from the official public record. He spoke to the differences between other types of communication and social media as it pertains to risk. 00.44:42 Councilor Hunter provided further discussion explaining his position. 00:45:24 Councilor Kluesner asked Councilor Hunter questions related to the potential for a lawsuit. Councilor Kluesner spoke regarding his views related to the responsibilities that the publisher of a Facebook page has. He provided examples of posts made that he feels created animosity. 00:54:23 Councilor Daoud spoke to the nature of social media. He spoke to the need for allowing the expression of opinions and resulting feedback from constituents. He mentioned his use of social media and reasoning behind its use. Page 2 of 4 Kalispell City Council Minutes, February 22, 2021 01:00:59 Councilor Nunnally mentioned his use of social media and that his page does not call out specifically that he is a council member and why it does not. He talked about the dangers of social media. 01:03:30 Councilor Hunter provided further discussion. 01:05:00 City Manager Russell provided further information and discussion. 01:06:09 Councilor Graham provided further discussion. 01:07:09 Councilor Hunter provided further discussion. 01:07:40 Councilor Nunnally provided further discussion. Council continued ongoing discussion. 01:17:21 Councilor Carlson verified with staff that council is not required to explain each vote they make. Council continued ongoing discussion. 01:21:13 Mayor Johnson spoke regarding staff coming forward with additional written policy recommendations. C. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to ubliccomment kalis ell.com or verbally during the online meeting. Mayor Johnson opened public comment, seeing none, he closed public comment. Public comment received recently to publiccomment(a—)kalispell.com can be found at: htlps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id= l40l70&dbid=O&repo=Kalispell. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Russell reported that the Flathead City -County Health Department did not address a county wide mask mandate at their recent meeting. Mr. Russell spoke regarding enforceability issues related to a potential city mask mandate. Councilor Graham spoke in opposition to bringing a discussion on a mask mandate forward. 01:23:51 Councilor Hunter spoke in favor of discussing a mask mandate and explained why. 01:25:15 Mayor Johnson spoke regarding the mask policies within state government offices, and the requirements within city offices. Mayor Johnson emphasized that every private business is private property and can create their own requirements. He asked the public to respect the rights of private business owners and to respect each other. Page 3 of 4 Kalispell City Council Minutes, February 22, 2021 01:29:53 Mr. Russell reported that the Fire Chief search is open with Prothman leading that search. Next Monday night we will have multiple offers on multiple properties in Old School Station. 01:31:13 Mayor Johnson reported that he has a landfill board meeting tomorrow. E. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:32 p.m. KALE •., ON'�. �&�Ck�za 4im Brunckhorst, C M C City Clerk UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting — March 1, 2021, at 7:00 p.m. — Council Chambers Next Work Session — March 8, 2021, at 7:00 p.m. — Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 4 of 4