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Home My WebLink About#4187 ordinance establishing public comment rules ORDINANCE NO. 4187 AN ORDINANCE ESTABLISHING PUBLIC COMMENT RULES AND PUBLIC COMMENT RULES DURING A LOCAL STATE OF EMERGENCY WHEREAS,the City of Canton, an Illinois municipal corporation(the "City"), has the power to govern its affairs pursuant to the Illinois Municipal Code,65 ILCS 5/1-1-1 et seq.,and other applicable law;and WHEREAS, the Illinois Municipal Code (65 ILCS 5/11-1-6), provides for the declaration of a state of emergency and the grant of extraordinary authority to the Mayor by the corporate authorities;and WHEREAS, the Illinois Emergency Management Agency Act (20 ILCS 3305/11), further provides for emergency local disaster declaration by the principal executive officer or his or her interim emergency successor;and WHEREAS, on March 16, 2020, the City passed and adopted Ordinance No. 4182 pertaining to declaring a Local State of Emergency; WHEREAS,the City now desires to provide for the exercise of additional extraordinary powers by executive order during a state of emergency within the City; WHEREAS,pursuant to the Illinois Open Meetings Act,"Any person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body."(5 ILCS 120/2.06(g)); WHEREAS,on July 20,2010,the City adopted Resolution No.3932,thereby approving public participation guidelines at Canton City Council and Committee Meetings; WHEREAS,to provide for an orderly meeting and allow for public discourse,the City has determined it necessary and appropriate to adopt meeting rules that allow for public input while permitting the public body to carry on with the people's business;and NOW THEREFORE,BE IT ORDAINED by the Mayor and the City Council of the City of Canton,Illinois as follows: Section 1. Incorporation Clause. The Mayor and the City Council of the City of Canton hereby find that all of the recitals hereinbefore stated as contained in the preambles to the Ordinance are full,true and correct and do hereby,by reference,incorporate and make them part of this Ordinance. Section 2. Purpose. This Ordinance is to amend TITLE 1,CHAPTER 6 of the City Code of the City of Canton to additionally include Section 1-6-23 entitled,"Public Comment Rules."The purpose of this Ordinance is also to amend TITLE 1,CHAPTER 29,SECTION 4 of the City Code of the City of Canton to provide additional powers regarding public comment at open meetings. Section 3. Amendment Title 1,Chapter 6 of City Code Title 1, Chapter 6, is hereby amended to now additionally include Section 1-6-23 as follows: 1-6-23:PUBLIC COMMENT RULES: Pursuant to the City rule-making authority set forth in the Illinois Open Meetings Act,the rules governing public comment at all City Council meetings of the Mayor and City Council and for any and all boards,commissions,and/or committees of the City shall be as follows: (A)A public comment period not to exceed forty-five(45)minutes will be held during every open meeting of the City Council and every open meeting of City committees/commissions/boards on topics that are relevant/germane to the applicable meeting agenda. The right to public comment does not apply to closed meetings/executive sessions. (B)Anyone desiring to address the City Council or a City committee/commission/board must complete the public comment registration form available in the City Clerk's office or on the City Clerk's website and return it to the City Clerk or his/her designees as set forth on the form, at least forty-eight (48) hours prior to the start of the meeting at which the person desires to speak.However,for purposes of regular meetings,the public comment registration form shall be delivered to the City Clerk no later than 12:00 p.m. on the Friday preceding the regular meeting of the City Council that the person desires to speak. (C)On the public comment registration form,the person must include their name,the date of the meeting and the agenda item on which the person wishes to speak. A person may only submit a public comment registration form on their own behalf, or for a group on whose behalf the person has been designated by a group to speak, in which case, the name of the group must be provided on the public comment registration form. (D)Public comment shall be permitted by the presiding officer only during the designated public comment period specified on the agenda, which may be amended according to law,unless otherwise permitted by the City Council and presiding officer. (E)The presiding officer shall recognize registered speakers in the order in which they submitted their completed public comment registration form to the City Clerk or his/her designee,except in situations where numerous persons wish to speak on a single agenda item. A person who has not timely submitted a completed public comment registration form to the City Clerk or his/her designee shall not be permitted to speak at the meeting, except upon motion approved by a majority of the City Council or City committee/commission/board. (F)Public comment is limited to a total of five (5) minutes per registered speaker. A registered speaker cannot give their allotted minutes to another person. (G)Public comments must be directed by registered speakers to the City Council or City committee/commission/board as a whole, and not to an individual member of the City Council or City committee/commission/board, or to City employees or officials. The public comment period is not intended to require members of the City Council or City committee/commission/board, or City employees, to provide responses to registered speakers. Discussions between registered speakers and members of the audience shall not be permitted. (H)After a registered speaker has made their public comments, or their allotted time for public comment has expired, they shall be seated with no further debate, dialogue or comment. (I) All comments must be civil and respectful in nature. Any registered speaker who makes defamatory, obscene, discriminatory,threatening or abusive comments, or who engages in threatening,abusive or disorderly behavior when addressing the City Council or a City committee/commission/board may be deemed out-of-order by the presiding officer, and the speaker's opportunity for public comment at that meeting may be terminated. (J) If numerous persons which to speak on a single agenda item, the presiding officer may recognize a specific number of registered speakers to make comments regarding the matter. Any registered person who is not able to address the City Council or City committee/commission/board for this reason or due to the expiration of the time allotted for the public comment period, will be encouraged to attend a subsequent meeting to address the City Council or City committee/commission/board,and/or to provide written comments. Section 3. Amendment Title 1,Chapter 29,Section 4 of City Code Title 1, Chapter 29, Section 4 of the City Code of the City of Canton is hereby amended to provide an additional subparagraph as follows: (cc) Temporarily modify or supplement any Ordinances pertaining to Public Comment, including, without limitation, Section 1-6-23 of the City Code, in order to provide for appropriate means of Public Comment during open meetings of the City Council or any City committees/commissions/boards, provided such modifications or supplementations are in accordance with Illinois law,regulations,and executive orders. Section 4.Repeal. All code provisions,ordinances,resolutions and order,or part thereof,in conflict herewith,are to the extent of such conflict hereby repealed,including without limitation Resolution No.3932. All other portions not otherwise amended shall remain in full force and effect. BE IT ORDAINED that this Ordinance become effective immediately upon its passage and approval according to law. PASSED AND APPROVED THIS 7t'day of April,2020. AYES:— Aldermen Ryan Mayhew,Quin Mayhew,John Lovell,Craig West,Angela Hale, . (Formatted:Indent Left: 0",Hanging: 1" Jeff Fritz,Angela Lingenfelter,Justin Nelson NAYS: None ABSENT: None CITY OF CAN ON O ki By: lb• w i Kent McDowell, 'i a :r v....0 ATTEST: Diana Pay ey-Rock,City Clerk