Popular social media no longer allowed at assembly table

PALMER — After once trying and failing to set rules on texting during assembly meetings, the Mat-Su Borough Assembly on Tuesday decided to restrict electronic communications during its meetings.

“During assembly meetings the mayor and members of the assembly will not communicate electronically in a manner that would violate the Open Meetings Act so that all deliberations happen openly and publicly,” is how the new rules read.

The issue came up after Assemblyman Ron Arvin, in China at the time for work but participating in the meeting via telephone, told his colleague Jim Colver to check his phone for a text.

The Mat-Su Valley Frontiersman submitted a public records request for the contents of the texts.

“We have no records responsive to this request,” Borough Clerk Lonnie McKechnie wrote in response.

But the clerk did attach an email in which Arvin responded to a request she made to disclose what was on his phone. Arvin wrote that he didn’t retain a copy of the texts.

“Although I think a reply from me regarding the request is not required, please see below,” he wrote.

“1. On Oct. 18 I sent a text question to Mr. Colver during a break.

“2. The text I sent asked what was ‘going on’ given the disruptive background noise I was hearing over the phone.

“3. Mr. Colver text(ed) me back and wrote something to the effect (of) ‘coal protesters.’”

Earlier this month, Assemblyman Warren Keogh proposed a ban on electronic communication at the assembly table except on breaks or in case of an emergency. His idea didn’t find any takers around the table, going down in a 6-1 vote with himself the only one voting for it.

But Mayor Larry DeVilbiss brought the idea back on Tuesday.

Assemblyman Steve Colligan proposed the language that, with a minor tweak, wound up being adopted. He said he wrote it purposefully broad so that new technologies would still fall under the ban. He also said he felt the ban should pertain only to communication surrounding the public’s business.

“It’s not the public’s business if I’m telling my 14-year-old kid to get to bed,” Colligan said.

Arvin worried that a blanket ban on electronic communication at the table would prevent assembly members from participating via telephone when out of town.

“The way that I might read this, Mr. Keogh, is that I or anyone else is offsite phoning in by Skype via personal computer my action would be prohibited,” he said.

But borough attorney Nick Spiropoulos said that was actually impossible since the measure being considered was a resolution rather than the stronger form of assembly action known as an ordinance.

“I do not believe that this would prohibit that and here is why: it is affirmatively allowed by code. If you want to take it out of code you need an ordinance and this is just a resolution,” he said.

DeVilbiss’ changes to assembly procedures included another change that would have allowed him to, from time to time, put out dueling “pro” and “con” sign-up sheets to have the public sign up to testify on various matters.

Keogh got unanimous consent from his colleagues to take that piece out of the resolution.

Colver said he thought it was appropriate that the assembly dealt with the texting issue, but thought it was a shame it was being brought up.

“It’s calling into question the integrity of the body and I think that’s very unhealthy,” Colver said. “It’s being used now for political purposes and that’s driving a so-called wedge and I don’t think that’s good for the body.”

When Keogh took exception to, in his perception, being accused of using the issue politically, Colver clarified that he wasn’t calling Keogh out but that he did believe the texting issue was being used by other people for political means.

Keogh said there wasn’t any kind of secret agenda at play with the texting.

“There never will be,” he said.

Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.