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Lathrop may ban council members from using cell phones during meetings
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Using electronic devices from the dais during meetings of the Lathrop City Council could end up being prohibited if the majority of the council agrees to include a new section on electronic communications in the council’s handbook.

After more than five hours of conducting the public’s business last week, Lathrop Vice Mayor Jennifer Torres-O’Callaghan made a recommendation that the council look into updating the council handbook to forbid the use of communication devices based on the best practices recommended by the League of California Cities.

Torres-O’Callaghan said that in meetings that she has attended with the organization and in workshops that detailed best practices the policy suggestion was made to ensure trustworthiness and transparency in the digital age.

The idea behind the move, Torres-O’Callaghan said, is to prevent the public perception that members of the council may be violating the Brown Act by texting or emailing one another during the meeting, and to ensure that members on the dais aren’t being lobbied while debating issues as a council and suggestions on how to vote on specific items aren’t being delivered to those tasked with conducting the public’s business in public.

Cities like Anaheim, Huntington Beach, Stockton, Berkeley, Milpitas, and San Jose have enacted similar policies.

But the idea was not well-received by all members of the council.

In her comments during the discussion about the item – which took place after midnight – Councilwoman Minnie Diallo said that she her personal circumstances don’t allow her to be out of contact with her family for such a long period of time.

“When it comes to the referral, I have a major problem with it because I have a young daughter and as you can see now it is 12:23 a.m. and she is at home with my parents,” Diallo said. “So, I have to be in constant contact having a young child being that I cannot afford to pay for daycare with our stipend.

“So, for me it’s a necessity to have my phone on me and when it comes to transparency, I’m one that thrives on transparency and I would have no problem with anybody pulling any of my records or anything of that nature. For me, unless I’m going to be stepping out every 10 or 20 minutes when my daughter texts me, I can’t support this referral because I need to have access to my young child.”

Torres-O’Callaghan pointed out that most of the cities that have incorporated these rules – there is no state law that precludes elected officials from using their cell phones as long as it doesn’t violate the Brown Act, so the council would be enacting rules on itself – have set up a dedicated landline number that can be called during an emergency to provide for access to those on the dais.

Diallo responded that her daughter doesn’t have a cell phone and contacts her through the messaging feature of her iPad, and noted that she’s not against bringing the matter back for consideration but would like information about how to ensure that if she needed to step out and respond she would be able to.

While the council ultimately agreed to bring the matter back for consideration, Councilman Paul Akinjo said he wasn’t so sure about “locking up” the council and future councils by enacting such a rule change, noting that he himself has used his phone to look up things that are pressing in the moment and that eliminating that possibility would only make the council’s job harder.

To contact reporter Jason Campbell email jcampbell@mantecabulletin.com or call 209.249.3544.