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G24-14 Ordinance No. G24-14 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" WHEREAS, section 7 of the Illinois Open Meetings Act (5 ILCS 120/7) permits officials of units of local government to attend meetings through electronic means in limited circumstances; and WHEREAS, the corporate authorities of the City of Elgin desire to permit attendance of members of the city council at meetings by means other than physical presence in compliance with the Open Meetings Act; and WHEREAS, to permit attendance by a means other than physical presence, the City of Elgin must adopt rules that conform to the requirements and restrictions of the Open Meetings Act; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and the power to abate public nuisances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.08 of the Elgin Municipal Code, 1976, as amended, entitled "City Council," be and is hereby amended by adding a new Section 2.08.065 thereto, entitled"Electronic Attendance at Meetings,"to read as follows: "2.08.065 ELECTRONIC ATTENDANCE AT MEETINGS: A. 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 a quorum of the city council is physically present throughout such meeting and such attendance is in compliance with the provisions of this chapter and any applicable laws. B. A member of the city council may attend a meeting electronically if the member meets the following conditions: 1. The member shall 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 remote attendance. 2. The member must assert one of the following three reasons why he or she is unable to physically attend the meeting, a. The member cannot attend because of personal illness or disability; or b. The member cannot attend because of employment purposes or the business of the city; or c. 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. D. After a roll call establishing that there is a quorum physically present at a meeting where a member of the city council desires to attend electronically, the presiding officer shall state that (i) a notice was received by a member of the city council in accordance with this section, including the reason for the member's absence, and (ii) the member will be deemed authorized to attend the meeting electronically unless a motion objecting to the member's electronic attendance is made, seconded, and approved by two-thirds of the members of the city council physically present at the meeting. If no such motion is made and seconded or if any such motion fails to achieve the required vote by the members of the city council physically present at the meeting, then the request by the member to attend the meeting electronically shall be deemed approved by the city council and the presiding officer shall declare the requesting member present. After such declaration by the presiding officer, the question of a member's electronic attendance may not be reconsidered. E. 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 council shall provide equipment adequate to accomplish this objective at the meeting site. F. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting if the member is allowed to attend. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means. G. 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. H. No more than two (2) members may attend a city council meeting by electronic means. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kapt , M or Presented: April 23, 2014 Passed: April 23, 2014 Vote: Yeas: 5 Nays: 3 Recorded: April 23, 2014 Published: April 25, 2014 Atte t: Kimberly Dewis, ity Clerk Uag;iLUMII�NS rid\