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2020-10-08 Meridian Arts Commission Minutes1 MERIDIAN ARTS COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, October 08, 2020 at 3:30 PM MINUTES VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall Consider joining the meeting virtually: https://us02web.zoom.us/j/81193783360 Or join by phone: 1-669-900-6833 Webinar ID:811 9378 3360 ROLL-CALL ATTENDANCE _x____ Lizzie Taylor _____ Maria Tzompa _x____ Jessica Peters _____ Jenifer Cavaness-Williams _x____ Natalie Schofield _x____ Thomas Vannucci _x____ Bonnie Zahn Griffith, Vice Chair _____ Logan Cloninger _x____ Leslie Mauldin, Chair _x____ Joe Borton, Ex-Officio 1. Update: New Youth Commissioner, Raeya Wardle L. Mauldin informed the Commission that R. Wardle will be appointed to the Commission in the coming weeks. R. Wardle gave a brief self introduction. ADOPTION OF AGENDA L. Taylor made motion to adopt the agenda, seconded by B. Griffith All ayes APPROVAL OF MONTHLY FINANCIAL STATEMENTS [ACTION ITEM] 2. Arts Commission Monthly Financial Statement, September 2020 B. Griffith made motion to approve monthly financial statement, seconded by L. Taylor All ayes NEW BUSINESS [ACTION ITEMS] 3. Public Meeting Law Review & Training E. Kane elaborated on the background of theOpen Meeting Law, how it applies to the Commission, and best practices in keeping the Open Meeting Law. Powerpoint used for presentation is attached below. L. Mauldin requested that the Commission review this quarterly as a reminder to follow these guidelines. 4. Evaluate and Approve Meridian Mural Series Locations 2 A. Belnap explained that she researched price points for each mural and presented two combinations or “packages” of mural series for the Commission to approve. These packages fit within the overall budget of the Meridian Mural Series and are prioritized according to the ranking determined by the Public Art Subcommittee. The Commission held a roll call vote to determine which location package to choose. Package #1 ($21,050): 5 votes Package #2 ($17,230): 1 vote L. Taylor made motion to approve the locations listed in Package #1 for the Meridian Mural Series, seconded by J. Peters All ayes 5. Review and Approve Meridian Mural Series Request for Qualifications for Muralists J. Peters suggested that the language “BIPOC and members of underrepresented or marginalized communities are encouraged to apply” be added to the RFQ. The Commission agreed to add the language in the “Eligibility” section. E. Kane suggested that the “Eligibility” section be joined with the “Project Overview” section at the top of the first page. T. Vannucci suggested that the letter of interest mentioned under “Process” section 2d includes a description of what inspires the artists about the location they are choosing to apply for, and what inspires them about Meridian. J. Peters made motion to approve the Request for Qualifications as amended and to authorize A. Belnap to release the document according to the timeline listed in the document, seconded by T. Vannucci All ayes 6. Review and Approve Proposed Concerts on Broadway 2021 Dates J. Peters requested clarification on the last date listed, September 21, since it is a Tuesday. A. Belnap acknowledged the typo and stated the correct date is September 25. N. Schofield made motion to approve the concert dates as amended, seconded by B. Griffith All ayes REPORTS 7. Update: Initial Point Gallery Subcommittee N. Schofield described the Opening Reception from earlier in the week as being small but fun. B. Griffith pointed out that the next Opening Reception falls on Election Day. E. Kane mentioned that in years past, that City Council and the Opening Reception is moved to the following Wednesday. B. Griffith will as the November artists if they are interested in canceling or moving their reception. 8. Update: Events & Outreach Subcommittee L. Mauldin updated the Commission regarding the Subcommittee’s efforts with diversity and involvement with other City events. T. Vannucci asked if the Subcommittee is interested in rescheduling the meeting in October rather than waiting to meet again in November. Leslie agreed to reschedule, A. Belnap will arrange the next meeting time. 3 9. Update: Public Art Subcommittee J. Peters informed the Commission that Meridith McKinley of Via Partnerships submitted the final report and the Subcommittee will use that report to expand the creation of the Public Art Plan. NEXT MEETING - November 12, 2020 ADJOURNMENT B. Griffith made motion to adjourn, seconded by L. Taylor All ayes 4 Emily Kane, Deputy City Attorney Presentation to Meridian Arts Commission October 8, 2020 What is the OML? Title 74, Idaho Code: Transparent and Ethical Government Chapter 2: Open Meetings Law “The people of the state of Idaho in creating theinstruments of government that serve them, do not yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that it is the policy of this state that the formation of public policy is public business and shall not be conducted in secret.” MAC = Governmental (sub)agency, serving the people of Meridian 5 Does the OML apply to MAC? YES! “All meetings of a governing body of a public agency shall be open to the public.” Public Agency: City + any “subagency” Governing body: Board with authority to make decisions or recommendations MAC MAC’s subcommittees What is a “meeting”? Meeting = Quorum + Decision Quorum + Deliberation Decision = Action Deliberation = Receiving information… Exchanging information… Exchanging opinions… …related to the business of 6 OML Compliance All Commission and Committee meetings must: Be noticed prior to convening: 48 hours (regular meeting) or 24 hours (special meeting) Notice = posted at City Hall + City website Be open to the public Provide the opportunity for all persons to attend Follow an agenda Strive to follow published/adopted agenda Law allows limited amendment of agenda after noticing or during meeting Action may not be taken on an item added to agenda during meeting Be memorialized in summary minutes Word to the Wise “The requirement that the Open Meeting Law be complied with should not be evaded by holding smaller meetings with less than a quorum present or by having a go-between contact each of the governing body members to ascertain his/her sentiment.” 7 Ex parte info Ex Parte Information Gathering (EPIG): Receiving,off the record, information or opinion regarding a matter pending before the Commission Informal conversations with citizens E-mail or phone/voice mail opinions (even unsolicited) Individual site visits, research, interviews EPIG happens outside a meeting EPIG deviates from the public record “The formation of public policy is public business and shall not be conducted in secret.” The Supreme Court says: essentially conducts How to handle ex parte information: Avoid it! 8 the Supreme Court also says: The Commission is not held to a standard of disinterestedness. How to handle ex parte information: Disclose it! Public meeting, on site, as a Commission Public testimony The Open Meetings Law does not require that the Commission take public comments or testimony. BUT: The Commission president may allow or request public comments or testimony. 9 Executive session Executive session = A closed meeting. There are 10 specific exceptions to the open meeting requirement. It is unlikely that MAC would conduct deliberations under any of these exceptions. If you foresee the need to hold an executive session,please consult your attorney in advance. The law specifically allows meeting by telephone conference call (or online platform) IF: At least one Commissioner is physically present at the noticed location The communications are audible to all attending Voting is not secret 1 0 Quorum of commissioners on an email thread + Deliberations = Illegal Meeting. Violates: Notice requirement Physical presence requirement Audible communications requirement Secret voting prohibition Creates public records – subject to disclosure to the public under Idaho Public Records Act Even if it is your personal e-mail account, personal device Administrative message is not “deliberation” Open meeting violations Any action taken in violation of the Open Meeting Law is void. Subsequent actions are also considered tainted and therefore void. FIX: Do-over, from the beginning. If an action is knowingly taken in violation of the Law, the actor is subject to being individually sued and fined, and may be subject to criminal prosecution. Any affected citizen can sue. 1 1 Transparent + Ethical Self-interested contracts: Commissioners may not be “interested in” any contract with the City – exceptions for volunteer commissioners Conflicts of interest: If you are asked to make a decision as a commissioner that benefits you or your household member personally or professionally, must follow statutory process Gifts: Commissioners (in course of official duties) may not accept gifts more than $50 in value Corruption, bribery: Commissioners may not grant favors, for free or in exchange for money 1 2 Questions? City Attorney’s Office, 208-898-5506 Emily Kane, ekane@meridiancity.org Bill Nary, bnary@meridiancity.org Ted Baird, tbaird@meridiancity.org Andrea Pogue, apogue@meridiancity.org Idaho Code legislature.idaho.gov, Click on “Laws & Rules,” then “Idaho Statutes” Title 74: Transparent and Ethical Government Attorney General’s Office Manuals ag.idaho.gov, Click on “Manuals” Open Meeting Law Manual Public Records Law Manual Ethics in Government Manual 10 Is it a “meeting”? 5 Commissioners are at a gallery opening, talking about the best way to rake leaves. NOT A MEETING Informal gathering of quorum is not necessarily a meeting. Quorum but no deliberation (exchanging opinions, but not related to MAC business) 5 Commissioners are at a gallery opening, talking about Meridian hosting a Halloween independent film festival one day. NOT A MEETING Quorum but no deliberation BUT: If the Commissioners are later asked to make a decisionregarding this issue, must disclose this discussion during the public meeting. 11 Is it a “meeting”? 5 Commissioners are at a gallery opening, talking about a Halloween independent film festival proposal that is on their upcoming agenda. Quorum + deliberation (exchanging opinions related to MAC business) 4 Commissioners are at a gallery opening, talking about aHalloween independent film festival proposal that is on their upcoming agenda. NOT A MEETING* No quorum, but it is deliberation. *Violates the purpose of the law, even if no actual violation. Is it inappropriate EPIG? Commissioner goes to the proposed site of a future art installation that is to be discussed at an upcoming MAC meeting, in order to see what the site looks like. AVOID! This is an off-record fact-gathering session not properly noticed or open to the public. Inappropriate EPIG Commissioner lives near the site and drives by every day on the way to and from work. DISCLOSE Incidental observation is not necessarily inappropriate fact-gathering. EPIG, but not inappropriate. 12 Is it inappropriate ex parte info? The Commission wishes to see the proposed site of a future art installation that is to be discussed at an upcoming MAC meeting. A noticed site visit is not EPIG; this is a public meeting. Quorum + Deliberation (receiving information for the purpose of making a decision) Must be properly noticed, minutes must be taken,and the public must be allowed to attend.