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HomeMy WebLinkAbout1980lq80RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, that updates the policy originally established through Resolution No. 1544,and updated through Resolution No. 1600, concerning the taping and airing of candidate statements and forum discussions of candidates running for local office, on an equal and nondiscriminatory basis, to account for new technology and evolved communication methods, and to expressly provide that all communication methods utilized by the City in carrying out its day- to-day business operations are similarly available to communicate objective facts in a fair manner to Kent residents concerning local ballot measures. RECITALS A. In keeping residents aware of the City's current affairs and issues that impact City maintenance and operations, the City utilizes a variety of methods, including social media and website posts, emailed newsletters, utility bill stuffers, postcard mailings, posters, news releases, and public notices, and the creation and airing of informational, operational, and event-related videos through social media, YouTube, Vimeo, and the City's government access cable television channel-Kent TV. The City's video productions include roughly thirty (30) - fifty (50) videos per year, and include the following award winning productions, as determined by the National Association of Telecommunications Officers and Advisors: "Beyond the Blue - Rifle Training Day," "Kent In the Works - 7 Elections and Ballot Measures- Public Communications Vactor Day," "Scoop it! It's your Doodie," "Calling Kent Home - Danny Pierce," and "Prop A - Sergeant Hollis." B. Historically, the City has used these same communication methods to provide its residents with fair and objective facts concerning local ballot measures and their impact on Kent's operations and sustainability. Through the years, new technology has continued to emerge and evolve, which has changed the communication landscape on how the City reaches its residents, These communications originally began with postcard mailings, utility bill stuffers, posters, news articles, public notices, and public meetings and discussions, but have since moved into the digital age through the current and more frequently used manners of communication, including live-streaming of public meetings and discussions, informational videos, social media and website posts, and emailed newsletters. The City expects technology to continue to evolve and wishes to embrace this evolution to ensure its residents receive information that impacts their community as timely and conveniently as possible. C. While public facilities may not be used to assist a political candidate or to promote or oppose any ballot proposition, there are exceptions, including when those facilities are available for political purposes on a nondiscriminatory, equal basis, and when those facilities are used to communicate objective facts in a fair manner and through means that are part of the "normal and regular conduct" of the agency. An activity is part of the normal and regular conduct of an agency when the conduct is lawful and usual, meaning that it is not effected or authorized by some extraordinary means or manner. D. The Public Disclosure Commission has issued guidance on the application of state law to local governments in their public communications concerning election campaigns and ballot measures. This guidance provides that it is not only the right, but the responsibility of local 2 Elections and Ballot Measures- Public Communications government to inform the general public of the operational and maintenance issues facing local agencies, which includes informing the community of the needs of the agency that the community may not realize exist. In accordance with the guidance, public funds may be spent in this undertaking, provided that the preparation and distribution of the information is not for the purpose of influencing the outcome of an election, but instead on informing the community and voting public through the presentation of objective facts. Consistent with state law and the Public Disclosure Commission's guidance, the City's historical communication with its residents has been to inform them of the objective and factual effects associated with local ballot measures, not to advocate for or against them. The communication methods utilized have been consistent with those used by the City to communicate with its residents in carrying out its normal and regular course of business, including postcard mailings; utility bill stuffers; posters; live-streaming of public meetings and discussions; informational videos; social media and website posts; and emailed newsletters. E. Additionally, due to the importance of having an informed electorate, the Kent City Council has historically broadcast videotaped candidate statements and forum discussions for those candidates running for local office. The provisions were originally adopted in 1999 through Resolution No. L544 and last updated in 2001 through Resolution No. 1600. These provisions, however, did not contemplate today's current technology and more frequent methods of communication. F. It is appropriate to update the City's policy concerning the taping and airing of candidate presentations and forum discussions to account for new technology and evolved communication methods, At the same time, Council wishes to memorialize for staff that all communication methods utilized by the City in carrying out its day-to-day business operations are similarly available to communicate objective facts in a fair manner to Kent residents concerning local ballot measures.3 E lectio""r7,Il,."3!J",i #""iii;:; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7. - Policy Statement It is the policy of the City of Kent that all communication methods used by the City in keeping residents aware of the City's current affairs and issues that impact City maintenance and operations be similarly available for lawful communications by the City to its residents concerning election information. The City may inform voters on ballot measures presented for voter consideration, including any City of Kent elected positions, and measures placed on the ballot by action of the Kent City Council or by initiative or referendum of the voters. Current communication methods used by the City include live-streaming of public meetings and discussions; informational videos hosted through YouTube, Vimeo, and Kent TV; social media and website posts; emailed newsletters; utility bill stuffers; postcard mailings; posters; news releases; public notices and public meetings. These permitted communication methods shall evolve with technology and the emergence of additional communication methods, without further action required of Council, to ensure Kent residents receive information that impacts their community as timely and conveniently as possible. SECTION 2, - Election Information Video - Candidate Presentations. For each regular or special election of the City of Kent, the City may prepare an election information video to be broadcast on the City's government access cable television channel, Kent TV, or through online posts or links to social media, Vimeo, or YouTube, or similar avenues, introducing voters to candidates running for local office. The video will be recorded by City of Kent video technicians utilizing City equipment and facilities as follows: Elections and Ballot Measures- Puhlic Communications 4 A. Video Length. The video shall consist of three-minute presentations by each candidate for any elected position other than for Mayor. Each candidate for Mayor shall have the opportunity to prepare a five-minute presentation, Candidates may use this time to introduce themselves and present their qualifications to Kent voters, B. Timing of Recording. Initial candidate presentations will be videotaped in the three-week period following the official filing deadline for office for those candidates subject to a primary election, For those candidates who are not subject to a primary election, or who are successful in the primary and will proceed to the general election, a separate two- week period will be provided after the primary results are certified for the videotaping of final candidate presentations for the general election. Each candidate will be contacted by Kent staff to arrange a convenient time for videotaping. Candidates will be permitted no more than three takes, selecting one for presentation. C. Assembly into an Aggregate Recording for Kent W. Taped presentations of all candidates may be assembled into one program applicable to the election for which they are named on the ballot (i.e. primary, general, or special election) and grouped by position sought. The order of presentation shall be determined by lot. Once completed, this program will then be shown on Kent TV until the day before the applicable election at reasonable air times as determined by the City. The City will make reasonable efforts to air the program daily while also varying the air time from day-to-day. D. On-Demand Viewing Online. The City may also make recorded candidate presentations available online for on-demand viewing through posts or links on the City's website, social media, through emailed newsletters, Vimeo, YouTube, or similar avenues. The City shall not discriminate in linking to taped candidate presentations online, and shall 5 Elections and Ballot Measures- Public Communications provide equal access by linking to each presentation for all candidates running for office in the applicable election to which the presentations relate. E. Public Record Available to Candidates. Individual candidate presentations videotaped by the City are public records that may be made available to candidates on request for their lawful use, SECTION 3, - Information on Ballot Measures. A.. The City may provide its residents with fair and objective facts concerning ballot measures and their impact on Kent's operations, maintenance, and sustainability utilizing any of the communication methods identified in Section 1 of this Resolution. Communications shall be informational only, and shall not advocate for or against any ballot measure. B. Inclusion in Election Information Video. Ballot measures may have a "vote yes" committee, and a "vote no" committee. Each committee will have the opportunity to prepare three-minute presentations representing their respective positions on the measure for inclusion in the election information video provided for in Section 2 of this Resolution. Each side will then have the opportunity to present a two-minute rebuttal to the other side's statement, The order of presentation and rebuttal shall be determined by lot. Video recording and dissemination for viewing will be conducted in the same manner as described for candidate presentations in Section 2, SECTION 4. - Encouragement to Vote. The City of Kent may prepare communications encouraging individuals to register to vote, and to vote in primary, general or special elections, utilizing any of the methods identified in Section 1. Elections and Ballot Measures- Public Communications 6 SECTION 5, - Candidate Forums, Candidate forums conducted by citizen groups, associations, or organizations may be captured by the City for live-streaming, airing on Kent TV, or on-demand viewing through the City's website, Vimeo, YouTube, social media, or similar avenues, under certain conditions. Any group wishing to have its candidate's forum videotaped for presentation must submit a request to the City's Director of Information Technology or designee, on a form supplied by the City, not later than 30 days prior to the scheduled forum of its desire to have the forum taped, or such shorter time as authorized by the Director or designee in advance written notice. The Director or designee shall then determine if appropriate technical staff is available at the time requested, and the suitability of the location selected for videotaping, considering both audio and video production requirements, The Director or designee will notify the applicant within approximately one week of receiving the application whether or not the City will be able to accommodate the request. Should a candidate forum be videotaped for later presentation on Kent TV, the Director or designee will schedule the forum to be shown on Kent TV at varying times of the day prior to the election, SECTION 6. - Format and Schedule Modifications. The format and schedules of taped presentations may be modified by City staff as necessary, on a nondiscriminatory basis and consistent with the intent of this resolution, to meet staffing and other scheduling demands. SECTION 7. - Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 8, - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. 7 Elections and Ballot Measures- Public Communications SECTION 9. - Ratification. The City Council hereby ratifies and confirms all acts previously taken that are not inconsistent with the findings of this resolution. SECTION 70. Repealed. City Council Resolution No. 1600 is hereby repealed in its entirety. SECTION 77, Effective Date. This resolution shall take effect and be in force immediately upon its passage, April 16, 2019 Date ApprovedDANA RALPH,R ATTEST: I KIMBERLEY A.oro, cIry APPROVED AS TO FORM: R*FITZPATRICK ITY ATTORNEY April 16, 2019 Date Adopted April 19, 2019 Date Published Elections and Ballot Measures- Public Communications 8