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HomeMy WebLinkAboutOrdinance # 1898 ORDINANCE NO. lf~9g AN ORDINANCE DEFINING MEETING AND ADOPTING PROCEDURES FOR ELECTRONIC ATTENDANCE AT MEETINGS WHEREAS, on January 1, 2007, Public Act 94-1058, amending the Open Meetings Act, takes effect and amends the definition of a "meeting" to mean "Any gathering, whether in person or by video or audio conference, telephone call, electronic means such as, without limitation, electronic mail, electronic chat and instant messaging, or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business," and it permits attendance of members of the public body at public meetings by a means other than physical presence; WHEREAS, to permit attendance by a means other than physical presence, the City of Canton must adopt rules that conform to the requirements and restrictions of the Open Meetings Act, 5 ILCS 120/7: WHEREAS, the corporate authorities of the City of Canton desire to permit attendance of members of the public body by means other than physical presence im compliance with the Open Meetings Act; WHEREAS, the corporate authorities of the City of Canton find that it is necessary that any existing ordinances, resolutions or policies by amended to conform with the term "meeting" to include electronic gatherings as defined in Section 120/1.02 of the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Fulton County, Illinois, as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Electronic Attendance at Meeting Rules. The City of Canton hereby adopts the Electronic Attendance at Meetings Rules, attached hereto, that permits a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means. Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 6th day of March , 2007 upon a roll call vote as follows: AYES: Aldermen Eerardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis NAYS: Ncme . ABSENT: None. APP D: R dney W. Heinze, yor ATTEST: ~~ ~1-~~~ Nancy S. 'tes, City Clerk CITY OF CANTON ELECTRONIC ATTENDANCE AT MEETINGS RULES Section 1. Rules Statement. It is the decision of the City of Canton that any member of the City Council may attend any open or closed meeting of the City Council via electronic means (such as by telephone, video or Internet connection) provided that such attendance is in compliance with these rules and any applicable laws. Section 2. Prereauisites. A member of the City Council may attend a meeting electronically if the member meets the following conditions: A quorum is physically present throughout the meeting; and, a majority of the members present votes to approve the electronic attendance at the meeting. (a) The member should notify the City Clerk at least twenty-four (24) hours before the meeting, unless impractical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for electronic attendance. (b) The member must assert one of the following three reasons why he or she is unable to physically attend the meeting, (1) The member cannot attend because of personal illness or disability; or (2) The member cannot attend because of employment purposes or the business of the City of Canton; or (3) The member cannot attend because of a family or other emergency. (c) The City Clerk, after receiving the electronic attendance request, shall inform the City Council of the request for electronic attendance. Section 3. Voting Procedures. After a roll call establishing that a quorum is physically present, the presiding officer shall call for a motion that a member may be permitted to attend the meeting electronically after specifying the reason entitling the absent member to attend electronically. The motion must be approved by a vote of a majority of the members present. Section 4. Adequate Eguiument Required. The member participating electronically and other members of the City Council must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the City of Canton shall provide equipment adequate to accomplish this objective at the meeting site. Section 5. Minutes. Any member attending electronically shall be considered anoff-site attendee and counted as present electronically for that meeting. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means. Section 6. Rights of Remote Member. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the City Clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning. Section 7. Committees. Boards and Commissions. These rules shall apply to all committees, boards and commissions established by authority of the City of Canton These s are ctive t ' day of , 2007. Mayor Rodne . Heinze ATTEST: Nancy S. ites, City Clerk 2 ELECTRONIC ATTENDANCE REQUEST I hereby request to electronically attend the meeting of the City of Canton on 200 , at p.m. I am eligible to participate electronically because of [check one]: (1) personal illness or disability (2) employment purposes or business of the public body (3) a family or other emergency During the meeting, I will be at the following location: and reachable at the following phone number: Signature of Member OR Request received by phone e-mail Signature of City Clerk Date fax other Date