Jackee Coe

The Arizona Republic

City leaders want to ensure public business is handled transparently

Peoria appears to be the first Arizona city to bar council members from texting or e-mailing during open or closed-door meetings

State law does not prohibit council members from texting or e-mailing each other during public meetings

PEORIA, Ariz. — City Council members here can no longer send text messages or e-mails during meetings.

The council on Tuesday unanimously approved an amendment to Peoria's City Council policy that bans members from using any electronic device capable of sending messages during executive session or a public meeting. It takes effect immediately.

The practice hasn't been an issue. However, city leaders want to ensure public business is handled transparently in an age when politicians can tweet, e-mail and instantly communicate with one another without saying a word.

"This is an excellent idea," said Vice Mayor Ron Aames. "It's clear that we shouldn't be doing this and we see it as a definite statement so there's no confusion."

Peoria appears to be the first Arizona city to bar council members from texting or e-mailing from the dais and in closed-door executive sessions.

"We're better off being ahead of the curve," Mayor Bob Barrett said.

Peoria's policy prohibits council members and city staff from using any electronic devices during executive session that are capable of sending e-mails, text messages or other electronic communication. The mayor or city manager will address any violations.

It also bans council members from using those devices during public meetings except to access information stored on the device or the city's electronic network. Many council members use tablets to view council agendas and packets during meetings.

City Attorney Steve Kemp cited a case in Orange County, Fla., in which county commissioners deleted text messages related to a referendum vote that were public record. The case has led to a lawsuit and state attorney investigation.

Kemp said electronic communication between council members or with anyone else undermines Arizona's Open Meetings Act.

"Input needs to come through in an open meeting by the public in a way that all in the public can hear," he said, "and not through text or tablet or e-mail or other types of things where the public can no longer participate."

State law does not prohibit council members from texting or e-mailing each other during public meetings. However, elected officials' digital exchanges about government can't involve a majority of a public body. That would violate the Arizona Open Meetings Act.

The law defines a meeting as a gathering in person or through technological devices of a quorum during which they discuss, propose or take legal action. It includes phone and electronic communications, which are public record.