Ex-councilman pushes for message ban in meetings

<p>A former Petaluma councilman called on the city's elected officials Tuesday to stop using e-mail and other wireless communications during public meetings unless they are willing to disclose details of the messages.</p><p>David Keller said private notes sent during deliberations -- possibly from lobbyists, residents or council members themselves -- violate open-meeting laws and threaten the integrity of the decision-making process.</p><p>"The whole purpose in having public meetings and discussions is that the public sees what's on the table," said Keller, who left office in 2000. "The only way for the council to have a clear sense of what's going on is to just ban it."</p><p>A Petaluma council committee is scheduled to take up the issue later this month.</p><p>Officials from the state Legislature to local government report widespread use of text-messaging devices such as laptops and personal digital assistants, which allow discreet communication from just about anywhere.</p><p>The equipment has made its way into public meetings as elected officials try to remain connected to the world while conducting business.</p><p>Some officials may be too wired.</p><p>California Coastal Commissioners, for example, were warned about disclosure requirements after they began receiving electronic notes during land-use deliberations. Commission director Peter Douglas said there was no evidence of wrongdoing but the potential for abuse is real.</p><p>Petaluma Councilman Mike Harris said he's used his BlackBerry during meetings for messages related to his private job, its calendar and its calculator, but nothing more.</p><p>He said he would be glad to put it aside if the council so chooses. He serves on the council's telecommunications advisory committee, which later this month will consider the use of electronic devices and open meeting policy.</p><p>"I don't have a problem with it," Harris said of prohibiting text-messaging on the dais. "I have no issues with it at all."</p><p>Free-speech lawyers said it is not illegal for elected officials to send and receive messages though they become public documents if they relate to official business.</p><p>But if the officials are acting in a judicial function, such as granting a liquor license or deciding the fate of a development application, the lawyers said failure to disclose a communication could invalidate a decision.</p><p>Also, messages among officials about public matters could constitute a serial meeting, violating the the state's open meeting law, said Peter Scheer, executive director of the California First Amendment Coalition.</p><p>Messages about official business sent on personal equipment would not be exempt from disclosure, Scheer said.</p><p>"If it's not about arranging a baby-sitter for a daughter but about issues before council, it's the same as if they just received a letter in the mail," Scheer said.</p><p>Keller said electronic messaging should be banned. Otherwise, he wants council members to print out all communications at the time they are sent or received and to publish any Web sites that are visited during public meetings.</p><p>"This is why we have officially scheduled and publicly conducted meetings, not private lobbying fests interspersed with public proclamations and votes," Keller said.</p><p>You can reach Staff Writer Paul Payne at 762-7297 or paul.payne@pressdemocrat.com.</p>