DeKalb city council voted to allow me to participate remotely in order to exclude you

As DeKalb’s city clerk, I’ve been participating in council meetings via teleconferencing since April. Then, during the July 13 committee-of-the-whole meeting, the city council, somewhat bizarrely, took a vote to allow me to teleconference. This post will explain why.

Here’s the clip of part of the mayor’s introduction to the topic. (The first 4-1/2 minutes of the audio were lost and not recovered.)

The money quote:

Accordingly, if a majority of the council allows for the city clerk to attend this meeting, and our following city council meeting, by means other than physical presence, then it may do so without also having to provide the same accommodations to the general public.

So, how did this all start? After looking at the July 13 council meeting agendas, I saw the city was intending to remove remote participation from the general public as an option. Here’s my email to the mayor about it:

city-clerk-remote-participation-email

The city then went right to work to prove me wrong. I think they spent half a day coming up with a reason to offer me the “courtesy” of the Zoom application while barring the public from same. The mayor rushed a vote through council on an item that wasn’t on the agenda — does council even know what it voted for? The vote itself was another subversion of the clerk’s independence of office, an abuse of home rule power, and — since home rule does not supersede the Open Meetings Act — it was a violation of OMA as well.

The one thing they got right, the one teensy bright spot in the latest fiasco, is the acknowledgement that council, not the city manager’s office, has the final say in how to conduct its meetings.

If council wants Zoom for all, Zoom for all must happen.

Let’s get that on the agenda for July 27.