HomeMy Public PortalAboutPKT-CC-2020-03-20DocuSign Envelope ID: FB835877-62A9-48E7-8FE1-895252B1662E
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
CITY OF
M
Memorandum
To: Councilmembers and Media
From: Mayor Emily S. Niehaus
Date: 3/19/2020
Re: Special City Council Meeting
AB
UTAH
Mayor: Emily S. Niehaus
Council Tawny Knuteson-Boyd
Rani Derasary
Mike Duncan
Karen Guzman -
Newton
Kalen Jones
The City of Moab will hold a Special Moab City Council Meeting on Friday, March 20, 2020
at 11:30 a.m. The purpose of this meeting will be:
1. Proposed Ordinance 2020-06: An Ordinance Amending Moab Municipal Code
Section 2.04.100, Meetings - Electronic participation.
Briefing and possible action
Per Executive Order 2020-1 issued by Governor Gary R. Herbert on March 18, 2020, this
meeting will be conducted electronically and may be viewed on the City's YouTube
channel: https://www.youtube.com/channel/UCloozoZgdmz4y1FoIo17CJA. An anchor
location will not be provided.
DocuSigned by:
C
'lffayorLmily S. Niehaus
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should
notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days
prior to the meeting.
Moab City Council Agenda Item
Special Meeting Date: March 20, 2020
Title: An Ordinance Repealing and Replacing the City of Moab’s Municipal Code, Section
2.04.100 “Meetings – Electronic participation.”
Disposition: Discussion and possible action
Staff Presenter: Joel Linares, City Manager
Attachment(s): - Attachment 1: Proposed Ordinance No. 2020-06 Repealing and Replacing the City of
Moab’s Municipal Code, Section 2.04.100 “Meetings – Electronic participation.”
- Attachment 2: Redline of changes from previous Municipal Code Section 2.04.100
Recommended Motion:
“I move to adopt Ordinance No. 2020-06 Repealing and Replacing the City of Moab’s Municipal
Code, Section 2.04.100.”
Background/Summary:
The City of Moab currently has in place Municipal Code Section 2.04.100 entitled “Meetings –
Electronic participation” which establishes the requirements for City Councilmembers, the
Mayor, and/or City staff to participate in an electronic meeting of the City Council. As currently
in place, this code section requires a quorum of Councilmembers to be present at an anchor
location which is defined as “the Moab City Council Chambers, or any other physical location
where a meeting is held and from which the electronic meeting originates.”
This Ordinance would repeal the existing language of Moab Municipal Code section 2.04.100
and replace it with a new section 2.04.100 which includes language that would allow the Council
to hold an electronic meeting where a quorum need not be physically present at City Hall or at an
“anchor location” but rather would allow a Council meeting where Councilmembers, the Mayor
and/or City staff participate electronically. The Ordinance provides that the meeting will be
chaired by the presiding officer even if that person is not present at the anchor location.
This Ordinance also removes the requirement that a participant make a request for electronic
participation to the City Manager 48 hours prior to the meeting in question. This Ordinance also
clarifies that the definitions of the Utah Open and Public Meetings Act apply to this section and
notice of any electronic meeting of the City Council will comply with the Utah Open and Public
Meetings Act notification requirements for electronic meetings. Finally, the Ordinance provides
that any closed session during an electronic meeting will be recorded but not broadcast.
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2.04.100 Meetings – Electronic participation.
A. Electronic Participation Meetings Authorized. Moab City Councilmembers, 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 forty-eight 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 definitions in Utah Code Annotated 52-4-103, the Open and Public Meetings
Act, shall apply to this section with the addition of 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.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. “Elected officials” means the Moab City Councilmembers and Mayor.
2. “Electronic meeting” means a meeting of the City Council convened or conducted where a
Councilmember, the Mayor, or City staff members participate via real-time audio or video
telecommunication means.
33. “Remote location” means any place, other than the anchor location, where a
Councilmember, the Mayor, or City staff may be located, and where meeting participants can
establish real-time audio and/or video telecommunication electronic access to the meeting.
C. Quorum for Electronic Meetings.
1. As otherwise defined in this chapter, a majority of the City Council constitutes a quorum for
the transaction of business. A quorum of the City Council must be present to convene an
electronic meeting but need not be present at the anchor location.A quorum must be present at
the anchor location to convene an electronic meeting of the City Council. Elected officials
and/or City Staff may participate in an electronic meeting from a remote location.
2. Except as noted in subsection D of this section, Councilmembers Elected officials
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 present at the anchor
location.
3. In the event of an equipment failure, or other similar event which causes an interruption of
communication with the a remote location, the Council has discretion to either: (a) act on the
matters up for consideration on its agenda provided that a quorum is still present; or (b) continue
the matter to a subsequent meeting.
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D. General Procedures for Electronic Meetings.
1. Notice of any electronic meeting of the Council shall be given in the same manner as
provided for all other City Council meetings except that the notice shall indicate that the meeting
will be electronic and shall comply with Utah Code Annotated 52-4-207(3)(b) which requires:
“notice of the electronic meeting to the members of the public body at least 24 hours before the
meeting so that they may participate in and be counted as present for all purposes, including the
determination that a quorum is present; and a description of how the members will be connected
to the electronic meeting.”.
2. Meeting procedures for electronic meetings of the Council shall be the same as for
nonelectronic meetings, except as noted below.
32. A speakerphone, or similar amplifying electronic device,Elected officials and City staff shall
be connected in such a manner that comments made by them persons participating electronically
will be broadcast at the anchor locationto the public. The Recorder will take a verbal roll-call for
elected officials present. 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.
43. Matters called to a vote in an electronic meeting shall be via roll-call vote, and
Councilmembers or the Mayor (if applicable) participating from a remote location must state
their name and their vote audibly when asked by the Recorder.
54. Minutes of all meetings shall record the presence of members participating through
electronic means. The roll call for members present will be taken verbally and recorded.
65. City CouncilmembersElected officials shall notmay participate in a closed session of the
City Council via electronic means. The closed session will be recorded as allowed by this
chapter but will not be broadcast.
76. All electronic meetings of the City Council shall be chaired by the presiding officer whether
at the anchor location or whether participating remotely.All electronic meetings of the City
Council shall be chaired by a person physically present at the anchor location. (Ord. 19-16,
2019)
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CITY OF MOAB ORDINANCE #2020-06
AN ORDINANCE REPEALING AND REPLACING THE CITY OF MOAB’S MUNICIPAL
CODE SECTION 2.04.100
The City of Moab’s Municipal Code Section 2.04.100 is repealed and replaced as follows:
2.04.100 Meetings – Electronic participation.
A. Electronic Meetings Authorized. Moab City Councilmembers, the Mayor, and/or City staff
may participate in an electronic meeting of the City Council as provided in this section. All
actions taken 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.
B. Definitions. The definitions in Utah Code Annotated 52-4-103, the Open and Public Meetings
Act, shall apply to this section with the addition of the following definitions:
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. “Elected officials” means the Moab City Councilmembers and Mayor.
3. “Remote location” means any place, other than the anchor location, where a Councilmember,
the Mayor, or City staff may be located, and where meeting participants can establish real-time
audio and/or video telecommunication access to the meeting.
C. Quorum for Electronic Meetings.
1. As otherwise defined in this chapter, a majority of the City Council constitutes a quorum for
the transaction of business. A quorum of the City Council must be present to convene an
electronic meeting but need not be present at the anchor location. Elected officials and/or City
Staff may participate in an electronic meeting from a remote location.
2. Elected officials 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 present at the anchor location.
3. In the event of an equipment failure, or other similar event which causes an interruption of
communication with a remote location, the Council has discretion to either: (a) act on the matters
up for consideration on its agenda provided that a quorum is still present; or (b) continue the
matter to a subsequent meeting.
D. Procedures for Electronic Meetings.
1. Notice of any electronic meeting of the Council shall be given in the same manner as
provided for all other City Council meetings except that the notice shall indicate that the meeting
will be electronic and shall comply with Utah Code Annotated 52-4-207(3)(b) which requires:
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“notice of the electronic meeting to the members of the public body at least 24 hours before the
meeting so that they may participate in and be counted as present for all purposes, including the
determination that a quorum is present; and a description of how the members will be connected
to the electronic meeting.”
2. Meeting procedures for electronic meetings of the Council shall be the same as for
nonelectronic meetings, except as noted below.
3. Elected officials and City staff shall be connected in such a manner that comments made by
them will be broadcast to the public. The Recorder will take a verbal roll-call for elected officials
present. 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.
4. Matters called to a vote in an electronic meeting shall be via roll-call vote, and
Councilmembers or the Mayor (if applicable) participating from a remote location must state
their name and their vote audibly when asked by the Recorder.
5. Minutes of all meetings shall record the presence of members participating through electronic
means.
6. Elected officials may participate in a closed session of the City Council via electronic means.
The closed session will be recorded as allowed by this chapter but will not be broadcast.
7. All electronic meetings of the City Council shall be chaired by the presiding officer whether
at the anchor location or whether participating remotely.
PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance
shall take effect immediately upon passage.
SIGNED:
Emily S. Niehaus, Mayor Date
ATTEST:
Sommar Johnson, Recorder