HomeMy Public PortalAboutORD-CC-2019-16CITY OF MOAB ORDINANCE No. 2019-16
AN ORDINANCE AUTHORIZING ELECTRONIC PARTICIPATION IN CITY
COUNCIL MEETINGS AND ESTABLISHING PROCEDURES FOR
ELECTRONIC PARTICIPATION
The following describes the intent and purpose of this ordinance:
a. Pursuant to U.C.A. § 52-4-207 public bodies are authorized
to conduct public meetings in whole or in part by means of a telephone or
telecommunications conference;
b. U.C.A. § 52-4-207(2)(a) provides that a public body shall
establish written procedures governing an electronic meeting at which
one or more members of the public body are participating by means of
electronic communication; and
c. It is desirable that City Council members, the Mayor, and/or City
staff be able to participate in City Council meetings remotely when they are unable
to physically attend a meeting due to emergency, illness, or outside work or family
obligations.
The Moab Municipal Code shall be amended as follows:
2.04.100 Meetings- Electronic Participation.
A. Electronic Participation Authorized. Moab City Council members,
the Mayor, and/or City staff may participate in an electronic meeting of the
City Council as provided in this section. All actions undertaken at an
electronic meeting held in compliance with this section are valid and
binding, to the same extent as if all participants had been physically
present at the anchor location. A request to participate by electronic
means shall be made to the City Manager not less than 48 hours prior to
the meeting in question and may be denied if this City does not have the
technical capability to connect electronically to the remote location.
B. Definitions. The following definitions apply to this section:
1. Anchor location means the Moab City Council Chambers, or
any other physical location where a meeting is held and from which the
electronic meeting originates.
2. Electronic meeting means a meeting of the City Council
convened or conducted where a Council member, the Mayor, or City staff
members participate via real-time audio or video telecommunication
means.
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3. Remote location means any place, other than the anchor
location, where a Council member, the Mayor, or City staff may be
located, and where meeting participants can establish electronic access to
the meeting.
C. Quorum for Electronic Meetings.
1. As otherwise defined in this Chapter, a majority of the City
Council constitutes quorum for the transaction of business. A quorum
must be present at the anchor location to convene an electronic meeting
of the City Council.
2. Except as noted in subsection D, below, Council members
participating in an electronic meeting from a remote location shall be
considered present and are authorized to vote and otherwise participate in
the meeting as if they were at the anchor location.
3. In the event of an equipment failure, or other similar event
which causes an interruption of communication with the remote location,
the Council has discretion to either: i) act on the matters up for
consideration on its agenda; or ii) continue the matter to a subsequent
meeting.
D. General Procedures.
1. Notice of any electronic meeting of the Council shall be given in
the same manner as provided for all other City Council meetings. Meeting
procedures for electronic meeting of the Council shall be the same as for
non -electronic meetings, except as noted below.
2. A speakerphone, or similar amplifying electronic device, shall be
connected in such a manner that comments made by the persons
participating electronically will be broadcast at the anchor location. The
presiding officer shall allow remote participants to participate in the
discussion to the same extent as if they were present at the anchor
location.
3. Matters called to a vote in an electronic meeting shall be via roll -
call vote, and Council members or the Mayor (if applicable) participating
from a remote location must state their name and their vote audibly when
asked by the Recorder.
4. Minutes of all meeting shall record the presence of members
participating through electronic means. The roll call for members present
will be taken verbally and recorded.
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5. City Council members shall not participate in a closed -session of
the City Council via electronic means.
6. All electronic meetings of the City Council shall be chaired by a
person physically present at the anchor location.
PASSED AND APPROVED by the City of Moab this 14th day of
May, 2019. This ordinance shall take effect immediately upon passage.
Mayor Emily Niehaus
Attest:
By:
ilk 1°1
Sommar Johnson, Recorder Date
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