Patrick Conant

February 1, 2022

Advocacy for Open Meetings Policy Presentation at City of Asheville Governance Committee

Subject: Follow up on Public Meeting Process Requests
To: Kim Roney <kimroney@avlcouncil.com>, Patrick Conant <patrick@prcapps.com>
Cc: councilgroup <ashevillenccouncil@ashevillenc.gov>, Dawa Hitch <dhitch@ashevillenc.gov>, Debra Campbell <dcampbell@ashevillenc.gov>

On Wed, Jan 5, 2022 at 1:58 PM Jaime Matthews <jmatthews@ashevillenc.gov> wrote:
Good Afternoon Councilwoman Roney and Patrick,
Thank you for the discussion last week about accessibility to information and decision-making. Staff will use the below requests shared by Councilwoman Roney to inform a presentation to the Governance Committee. Staff is preparing to give a presentation on current efforts towards accessibility at the February meeting of the committee where the committee will have the opportunity to discuss accessibility in an open environment. The presentation will be posted the Friday before the meeting so any member of the public wishing to speak in the open comment section of the meeting may be informed. Please let me know if you have any questions.

Thank you, Jaime


On Wed, Jan 5, 2022 at 3:55 PM Patrick Conant <patrick@prcapps.com> wrote:
Hi Jaime,

Thank you for this update. I am happy to hear that the Governance Committee will allow Staff to present on these internal efforts to improve the accessibility of public meetings. I also want to thank you for making the process clear, including a deadline for publication of the presentation and confirmation that public comment will be allowed during this meeting. It's exciting that the public will be able to provide comment specifically on these matters for the first time. 

Staff have put so much effort towards implementing new processes and technologies to allow the work of government to continue despite the challenges of the pandemic. While we may only be at the start of a long journey, I think it's important that we highlight the accomplishments of the past year and have an open discussion to prioritize future efforts. I would suggest that Staff and Council also consider the resources (in terms of staff, equipment, and other infrastructure) required for us to successfully implement and operationalize a high-accessibility approach to all public meetings. 

To members of City Council - as I mentioned during my public comment at the last Council meeting, I am also requesting the opportunity to present the Open Meetings Policy (https://www.openmeetingspolicy.com) to the Governance Committee. 

I had the opportunity to discuss aspects of the Open Meetings Policy with City Staff in December, and it's clear the core values of an Open Meetings Policy support the vision and ongoing efforts of Staff to implement an accessible and inclusive process for public participation. 
If members of the Governance Committee feel the timing would be appropriate, I would be happy to prepare a presentation for the February or March meeting. I'd also be happy to make a presentation to the full City Council if that would be more appropriate. 

If individual members of Council or Staff have additional questions about the Open Meetings Policy, I would of course be happy to speak with you individually via phone, email, or Google Meet. 

Thank you, 

Patrick Conant


On Tue, Jan 18, 2022 at 8:40 PM Kim Roney <kimroney@avlcouncil.com> wrote:
Patrick,

I followed up with the City Manager and Mayor today with a request regarding scheduling of this agenda item, which I anticipate for February. I included a request for an agenda item for that meeting to include a presentation from Code for Asheville.

I will follow up once I have a response and will request that you be included in scheduling communications as the contact for Code for Asheville.

With Gratitude,
Kim


On Thu, Jan 27, 2022 at 9:27 PM Patrick Conant <patrick@prcapps.com> wrote:
Jaime, Dawa, Debra, and Members of City Council, 
 
I am following up on my email from January 5th, and I respectfully request an update on my proposal to present the Open Meetings Policy at the February meeting of the Governance Committee. I would also like to confirm the date and time of the meeting.  
 
I have received no response to my initial email from Council or Staff, except a confirmation from Councilmember Roney that she had followed up on my request on January 18th. 
 
City Manager Campbell - when we spoke in December, you agreed to work with the Governance Committee to ensure that my emails related to this matter would receive a response. As we are quickly approaching the start of February, I am directly requesting your assistance to establish clarity regarding the agenda for the February meeting of the Governance Committee. 
 
As always, I thank each of you for your service to our City. 
 
Patrick Conant 


On Fri, Jan 28, 2022 at 10:01 AM Jaime Matthews <jmatthews@ashevillenc.gov> wrote:
Good Morning Patrick, 
The next Governance Committee meeting is set for Tuesday, February 8 at 2:00.  All materials will be posted by Friday, Feb 4.  Please let me know if you have any additional questions. 
Thank you,
Jaime
 

On Fri, Jan 28, 2022 at 5:42 AM Esther Manheimer <esthermanheimer@avlcouncil.com> wrote:
Patrick - you are welcome to make your presentation during public comment. If you think it’s longer than three minutes, then you can email us the presentation in advance so we can review it in its entirety.
 
Thank you,
Esther


On Fri, Jan 28, 2022 at 11:10 AM Patrick Conant <patrick@prcapps.com> wrote:
Jaime, Dawa, Debra, and Members of City Council, 
 
Thank you for your responses to my recent email. 
 
Jaime - thank you for confirming both the meeting time and the time by which the materials will be posted. Since the Governance Committee does not currently meet regularly, it is very helpful to confirm this upcoming date. 
 
I do have a few follow up questions for members of City Council and the City Manager: 
 
First, can you clarify the decision making process regarding agenda items? I met with City Staff in December to discuss the Open Meetings Policy — From that discussion, I understand that, at the Governance Committee, the Chair (in this case the Mayor) can add an item to the agenda. An agenda item may also be added if it is supported by the other two members of the Committee.
 
I am aware that on January 18th Councilmember Roney formally requested that a presentation of the Open Meetings Policy be added to the agenda for the February meeting. If my understanding is correct, I respectfully request clarification as to whether Councilmember Wisler has been asked to provide feedback on my request to be added to the agenda? 
 
Second, in my email to the Governance Committee on January 5th, I asked whether I could present the Open Meetings Policy at the February OR March Governance Committee meetings. Per the decision-making process for agenda items, can you clarify whether the Governance Committee has decided on my request to present the Open Meetings Policy at the March meeting of the Governance Committee?
 
If my request currently lacks support, I would welcome and appreciate feedback as to what would be required for this Committee to support a presentation at a future meeting. If there are questions or concerns regarding the Open Meetings Policy proposal, I am happy to answer them.
 
I do not feel that three minutes is sufficient time to present the Open Meetings Policy. Furthermore, I am concerned that the process you have proposed (providing a longer presentation in advance, and then presenting a portion of it during public comment), fails to provide a sufficiently transparent process for this proposal to be considered by the Governance Committee. 
 
I strongly believe that it would be more productive for Council, Staff, and the public to allow this presentation as a formal agenda item, followed by discussion by Committee members and staff, allowing the public to be provided with more context prior to the public comment period.
 
I must reiterate that, when we met in December, City Staff indicated that the “core values” of this Open Meetings Policy align with the work plan and mission of CAPE and other departments to increase public participation in the government process. City Staff also indicated that additional direction from Council would be beneficial (and perhaps even necessary) if our City is going to allocate the resources required to remove barriers to access in public participation. 
 
The Open Meetings Policy provides a framework to operationalize work to achieve an important goal from the Living Asheville Comprehensive Plan - specifically the “Improve Community Involvement in Decision-Making” goal within Interwoven Equity (Pages 260-262). The Open Meetings Policy was created over the course of many months, and provides clear solutions that will address specific concerns expressed by many groups and individuals who have participated in our public meetings in the past.
 
Based on City Staff and community feedback, I believe the Open Meetings Policy provides a real opportunity for collaborative work between City Staff and the public to co-create a system for more inclusive, participatory, and effective public meetings. For that effort to move forward, however, City Council needs to hear from the public and provide direction. 
 
Thank you for your consideration, and I thank you in advance for a response to my questions above.
 
Patrick Conant 


On Tue, Jan 28, 2022 at 8:40 PM Kim Roney <kimroney@avlcouncil.com> wrote:
Patrick, I received your email. I have forwarded my initial request to Councilwoman Wisler for information and copied the City Manager.

Kim


On Tue, Feb 1, 2022 at 10:29 AM Patrick Conant <patrick@prcapps.com> wrote:
Jaime, Dawa, Debra, and Members of City Council, 
 
We are now one week from the date of the February Governance Committee meeting.
 
There are several members of the public interested in this upcoming meeting of the Governance Committee. I need your help to share accurate information regarding the status of our request to present the Open Meetings Policy as a formal agenda item. 
 
I respectfully request a response from Council or Staff regarding the questions presented in my email from Friday, January 28th. 

Thank you, 
Patrick Conant 


On Tue, Feb 1, 2022 at 11:40 AM <esthermanheimer@avlcouncil.com> wrote:
Patrick – I am sorry if there is any confusion, you are welcome to make your presentation during public comment.  If you think it exceeds three minutes, you can send it to us ahead of time to review.  Your last email had several links to it so maybe that’s what you want us to review?  Or maybe you have some slides, please feel free to send those to us as well.
 
Thank you
 


On Tue, Feb 1, 2022 at 12:15 PM Patrick Conant <patrick@prcapps.com> wrote:
Mayor Manheimer and members of the Governance Committee,

I will do my best to be direct and concise.

I have made a formal request to add an agenda item to present the Open Meetings Policy at the February or March meetings of the Governance Committee.

The City Manager has clarified to me that items may be added to the agenda with the support of the Chair (in this case, you) OR due to the support of the other two members of the committee.

I am asking for clarification regarding my request:

1) Are you, as the Chair of the Governance Committee, willing to add an agenda item for "Presentation of Open Meetings Policy by Patrick Conant" to the agenda of the February or March meetings of the Governance Committee?

2) If my request lacks the support of the Chair, are the other two members of the Governance Committee willing to add an agenda item for "Presentation of Open Meetings Policy by Patrick Conant" to the agenda of the February or March meetings of the Governance Committee?

Thank you,
Patrick Conant


On February 3rd, I followed up with City Staff directly with another request for assistance:

Subject:
Governance Committee: Agenda Item Request + Council Check-Ins
To: Jaime Matthews <jmatthews@ashevillenc.gov>,Dawa Hitch <dhitch@ashevillenc.gov>,Debra Campbell <dcampbell@ashevillenc.gov>,Maggie Burleson <mburleson@ashevillenc.gov>,prowe@ashevillenc.gov

On Tue, Feb 3rd, 2022 at 10:07 AM Patrick Conant <patrick@prcapps.com> wrote:

Members of City Staff,

My understanding is that City Staff will be conducting City Council check-ins today to prepare for next week's meetings. Based on what I've read on past check-in agendas, it seems that the Governance Committee agenda may be presented and discussed during this week's check-ins. 

If such a request is appropriate, I would like to ask Staff to assist my efforts to gain clarity regarding my request to the Governance Committee members. 

Despite my repeated follow ups spanning over a month, I remain unable to receive a clear yes or no answer regarding my specific questions (repeated below for clarity):

My (unanswered) request to the Governance Committee Members:


I have made a formal request to add an agenda item to present the Open Meetings Policy at the February or March meetings of the Governance Committee.

The City Manager has clarified to me that items may be added to the agenda with the support of the Chair (in this case, the Mayor) OR due to the support of the other two members of the committee.

I am asking for clarification regarding my request:

1) Is the Chair of the Governance Committee, willing to add an agenda item for "Presentation of Open Meetings Policy by Patrick Conant" to the agenda of the February or March meetings of the Governance Committee

2) If my request lacks the support of the Chair, are the other two members of the Governance Committee willing to add an agenda item for "Presentation of Open Meetings Policy by Patrick Conant" to the agenda of the February or March meetings of the Governance Committee?


Thank you for any assistance you can offer to provide clarity for next week's Governance Committee meeting. 


Patrick Conant 



City Staff Member Jaime Matthews forwarded my message to the Mayor, who replied to me:

On Thu, Feb 3rd, 2022 at 10:18 AM <esthermanheimer@avlcouncil.com> wrote:

Patrick – please direct your inquires regarding this request to me.  As I have responded before, you are welcome to make your presentation to the committee during public comment.
 
Thank you.