Agenda - Planning Commission - 11/07/2013

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Zoning Bulletin October 10, 2013 I Volume 7 I Issue 19 See also: Bryan v. Yellowstone County Elementary School Dist. No. 2, 2002 MT 264, 312 Mont. 257, 60 P.3d 381, 172 Ed. Law Rep. 979 (2002). Case Note: The case also addressed the issue of whether an electronic "meeting" of the LNPC occurred on the Yahoo Web site message board in violation of open meetings laws. Section 2-3-202, MCA, requires that "meetings" convened by electronic equipment must comply with open meeting law. Here, the Landown- ers argued that the LNPC violated the open meetings laws, but the district court ruled that no evidence was presented that a quorum of LNPC members could actually convene on the Yahoo Group "such that a meeting . . . would have been possible," The district court noted that during the time LNPC used the Yahoo Group, it did not have online chat capability. Additionally, the System and Network Administrator for Flathead County's Information Technology Department testified by affidavit that "it is impossible to hold a meeting on the Yahoo Work Group [because it] was not designed for this purpose and could not be used as an alternative to holding an actual meeting." The Supreme Court of Montana affirmed the district court's ruling based upon the lack of evidence that such an electronic meeting occurred in this case. However, "given the constantly evolving technology, " the court also declined to state that a "meeting" could never be convened by way of a Yahoo e-mail group. The court cautioned public officers that "conducting official business via e-mail can potentially expose them to claims of violation of open meeting laws." Zoning News from Around the Nation CALIFORNIA Two Los Angeles City Council members have introduced a zoning amendment proposal "that would outlaw fracking and related methods such as acidizing.' " The proposal has been referred to the City Council's Planning and Land Use Management Committee for review and public hearings. Source: Los Angeles Times; www.latimes.com The California State Senate has passed a bill, AB 1229, that would "ensure that local governments can require affordable housing set -asides in new developments, if they choose." Reportedly, the bill is intended ©2013 Thomson Reuters ' 11