[BWNA] Re: [BWNA-Board] Proposal for BWNA

[jim karlock]

At 04:14 PM 1/8/07, Dennis Lisk wrote:
>Jim -- thanks for enlightening us with this 
>information.  By emphasizing having meetings 
>open to the media, I'm assuming that you are 
>including yourself amongst the media.

Meetings are open to the public.

PERIOD.

Recording is an implied right of an open meeting. 
No media connection is required.

However just to emphasis that right, they 
specifically use the broad term "media" instead 
of the narrower term press when they talk of executive session.

>   If that is the case, would you care to 
> divulge to us what part of the media you are currently representing?

Does having a weekly TV show count?

You and Dave should watch it - it offers a lot of 
information about city planning. Tonight's show 
is about the waste of light rail. Tonight at 7 pm 
on Comcast ch 22, or the Friday re-run at 5 pm on 
ch 23. Or next week's new show at 10pm Ch 11. 
Hopefully in a week or two, you will be able to 
see how traffic calming kills people.

You may also want to check out my web sites:

www.SavePorltand.com

www.DebunkingPortland.com

Thanks
JK


>  Which local newspaper, tv or radio station are 
> you reporting for?  Or, are you self-publishing 
> commentary about our neighborhood association's 
> activities through a personal web site or 
> blog?  If that is the case, why do you not 
> identify yourself at our meetings as a member 
> of the media?  Also, if you are a media 
> representative, do you think there is any 
> conflict of interest in doing that while 
> simultaneously serving as the secretary for the 
> Board and fulfilling your duties to 
> dispassionately record the minutes of all the BWNA's meetings?
>
>For the sake of full disclosure before any vote 
>is taken, the Standards booklet that Jim 
>provides a link to below may give him a leg to 
>stand on to continue his recording 
>activities.  In the section of the booklet that 
>describes open meetings, on page 44 it says that 
>"minutes shall be put in writing and made 
>available to the public."  Earlier in this 
>section, the booklet defines "writing" as "any 
>means of recording information, electronic or 
>non-electronic."  Although I think that we 
>should go ahead with a discussion of Albert's 
>proposed amendment and my alternate amendment, I 
>think we need to take the above information into consideration.
>
>Thanks,
>Dennis
>
>On Mon, 8 Jan 2007, jim karlock wrote:
>
>>As I have said before, the BWNA is NOT A 
>>PRIVATE CLUB, instead, it is part of Portland's 
>>government structure and IS REQUIRED to have 
>>its meetings open. Even executive sessions are 
>>required to be open to the media.
>>
>>Read the requirements in 
>><http://www.portlandonline.com/shared/cfm/image.cfm?id=97870>Standards 
>>for Neighborhood Associations, District 
>>Coalitions, Business Associations and Office of 
>>Neighborhood Involvement ? Starting at Page 37
>>
>>This is from the above book:
>>VIII. Open Meetings and Public Records
>>A. Purpose
>>Public participation in the civic affairs of 
>>local government is a hallmark of
>>democratic societies and of government that responds to the public it
>>serves. Neighborhood Associations and District Coalitions are an integral
>>part of the structures that support timely, meaningful, vigorous, and
>>diverse public participation in the civic affairs of the City of Portland. To
>>foster that public participation, Neighborhood Associations and District
>>Coalitions, with limited exceptions, as noted in this section, shall:
>>1. Conduct their affairs in meetings open to and with adequate notice
>>to the public, and,
>>......
>>ONI Standards ­ Final Page 39 10/24/05
>>D. Meetings Open to Public
>>1. Except as otherwise provided below, meetings must be open to
>>public attendance, with notice provided and minutes taken as
>>provided in these Standards.
>>2. Neighborhood Associations and District Coalitions may close
>>meetings or parts of meetings to public attendance when in
>>executive session. An executive session is limited to members of
>>the governing body, others reporting to the body on the subject of
>>the executive session, and the media. (bold added)
>>
>>
>>
>>As to compromise, Dennis, I do not compromise 
>>on civil rights, I hope you feel the same way.
>>
>>Thanks
>>JK
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>At 02:25 PM 1/8/07, Dennis Lisk wrote:
>>>Albert,
>>>It may not be possible to forge a compromise 
>>>on this issue given some of the strong 
>>>feelings on both sides, but I would like to 
>>>try nevertheless.  Below is an alternate 
>>>amendment that would limit recording only to 
>>>audio devices, would require full disclosure 
>>>of any recording activities, and provide a way 
>>>for audience members to prevent the recording 
>>>if an objection is raised and voted on.
>>>I also have a question about the proposal you 
>>>and Rob are offering.  First, in your 
>>>introduction to the amendment, you say that 
>>>the proposed amendment will be voted on by the 
>>>community at the February general 
>>>meeting.  But, later, in the description of 
>>>the proposed amendment, it says that the Board 
>>>will vote on this at its January meeting and 
>>>that, assuming the proposal is approved, it 
>>>would go into effect at the February general 
>>>meeting.  What exactly are you proposing in 
>>>this regard?  Is the Board voting on this 
>>>tonight or are we just going to refer it to 
>>>the general meeting for the actual vote?  I'm 
>>>not sure what the bylaws require in terms of 
>>>who gets to vote on amending them, but 
>>>personally, I think the latter approach is more desirable.
>>>
>>>Alternate Amendment
>>>"The BWNA hereby bars the use of any and all 
>>>visual recording devices, including but not 
>>>limited to video cameras, cassette or digital 
>>>recorders during the bi-monthly General Public 
>>>Meetings, bi-monthly BWNA Board meetings, and 
>>>BWNA Committee meetings.  The use of "still" 
>>>image recording devices such as cameras shall 
>>>be permitted.  The use of audio recording 
>>>devices at such meetings shall be permitted under the following circumstances:
>>>1) Any person proposing to record the 
>>>meeting(s) must fully disclose to those in 
>>>attendance the fact that the meeting will be 
>>>recorded, the purpose of the proposed 
>>>recording, and the subsequent use and/or reproduction of any recorded material.
>>>2) If, after full disclosure of the purpose 
>>>and use of the recording has been stated, the 
>>>Chair of the meeting will ask the audience if 
>>>there are any objections to the proposed recording taking place.
>>>3) If any member of the audience raises an 
>>>objection to the proposed recording, a motion 
>>>to prevent the recording shall be offered and 
>>>seconded, and a majority vote of those in 
>>>attendance shall determine whether or not the 
>>>proposed recording will be permitted.
>>>4) In the event that an audio recording of any 
>>>meeting is permitted, the audio recording 
>>>devices in use shall placed in such a way as 
>>>to be as inconspicous as possible."
>>>Thanks,
>>>Dennis
>>>On Sun, 7 Jan 2007, Albert Kaufman wrote:
>>>
>>>>Hi everyone,
>>>>I'd like to discuss this at tomorrow night's 
>>>>Board meeting.  I've heard that
>>>>David de la Rocha will not be in attendance.
>>>>See you all tomorrow evening.  This proposal/update of our current by-laws.
>>>>would be voted on by the community at our February general meeting.
>>>>Albert
>>>>-------------------------------------------
>>>>January 8, 2007
>>>>3244 NE 44th Ave.
>>>>Portland, OR 97213
>>>>3589 NE Fremont St.
>>>>Portland, OR 97212
>>>>To The BWNA Board:
>>>>As a resident of the Beaumont-Wilshire 
>>>>neighborhood, and a Beaumont-Wilshire
>>>>Neighborhood association member, I put forth the following proposal for an
>>>>amendment to the current BWNA by-laws, as follows:
>>>>By-Laws Amendment:
>>>>"As a private organization, the BWNA hereby bans the use of any and all
>>>>audio
>>>>and/or visual recording devices, including 
>>>>but not limited to video cameras,
>>>>cassette or digital recorders, etc. during the bi-monthly General Public
>>>>Meetings and bi-monthly BWNA Board meetings. This does not ban the use of
>>>>"still" image recording devices such as cameras and does not prohibit
>>>>photography, but rather any "real-time" recordings and the devices that
>>>>create
>>>>them.
>>>>"Anyone using such devices will be warned to no longer use them and not to
>>>>bring them to BWNA Meetings.  After two such warnings, should someone
>>>>continue
>>>>to ignore the ban, they will be physically barred from attending the
>>>>meetings
>>>>and/or will be open to having the recording 
>>>>devices taken away from them and
>>>>returned only after the each meeting is concluded, at the discretion of the
>>>>BWNA President or other ranking BWNA Board member."
>>>>The BWNA is a private organization and as such has the ability to limit,
>>>>restrict or prohibit such devices by law, just as any other establishment,
>>>>such as a movie theater or restaurant may.
>>>>This proposal is valid and legal in that the BWNA is a private organization
>>>>first and foremost, and not a "governing body" as defined by ONI, the City
>>>>of
>>>>Portland or Oregon State law, and as such, may restrict the use of any
>>>>devices
>>>>and/or persons that are disruptive or non-conducive to the purpose of the
>>>>public meetings.
>>>>I present this proposal to the board for consideration and vote, should
>>>>there
>>>>be a quorum, for the January 2007 BWNA Board meeting.  Should this proposal
>>>>pass, it will be immediately added to the by-laws and in force by the
>>>>February
>>>>2007 BWNA General Meeting and for all subsequent meetings thereafter.
>>>>Thank you for your consideration of this proposal.
>>>>Sincerely,
>>>>Albert Kaufman, BWNA President
>>>>drafted & co/signed Rob Vaughn, BWNA resident
>>>>rwv
>>>>_______________________________________________
>>>>bwna-board mailing list
>>>>bwna-board at bwna.org
>>>>http://bwna.org/mailman/listinfo/bwna-board
>>>======================================================================
>>>The proper function of man is to live, not to 
>>>exist. I shall not waste my days in trying to 
>>>prolong them. I shall use my time.
>>>-- Jack London
>>>======================================================================
>>>
>>>_______________________________________________
>>>bwna-board mailing list
>>>bwna-board at bwna.org
>>>http://bwna.org/mailman/listinfo/bwna-board
>
>======================================================================
>The proper function of man is to live, not to 
>exist. I shall not waste my days in trying to 
>prolong them. I shall use my time.
>-- Jack London
>======================================================================
>
>
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