O-32-09 Ord Add Section 2.08.035 Adopting Electronic Attendance at MeetingsORDINANCE 0 3. - ®y
AN ORDINANCE ADDING SECTION 2.08.035 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 Village of
Lemont 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 Village of Lemont desire to permit
attendance of members of the public body by means other than physical presence in compliance
with the Open Meetings Act;
WHEREAS, the corporate authorities of the Village of Lemont find that it is necessary
that any existing ordinances, resolutions or policies be 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 Village of Lemont as follows:
Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein
as part of this Ordinance.
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Section 2. Electronic Attendance at Meetings Rules. The Village of Lemont 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.
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.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES
ILLINOIS on this /'3 Day of Aer∎ l , 2009.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
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JOH . PIAZZA, illa r sident
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Attest:
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Section 1.
VILLAGE OF LEMONT
ELECTRONIC ATTENDANCE AT MEETINGS RULES
Rules Statement. It is the decision of the Village of Lemont that any member of the
Corporate Authority may attend any open or closed meeting of the Corporate
Authority via electronic means (such as by telephone, video or interne connection)
provided that such attendance is in compliance with these rules and any applicable
laws.
Section 2. Prerequisites. A member of the Corporate Authority may attend a meeting
electronically if the member meets the following conditions:
(a) The member should notify the Clerk and Village Administration at least 8
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.
(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 Village of Lemont; or
(3) The member cannot attend because of a family or other
emergency.
Section 3. Authorization to Participate.
(a) The Clerk, after receiving the electronic attendance request, shall inform the
Corporate Authority of the request for electronic attendance.
(b) After establishing that there is a quorum is physically present at a meeting
where a member of the Corporate Authority desires to attend electronically,
the presiding officer shall state that (i) a notice was received by a member of
the Corporate Authority in accordance with these Rules, 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 Corporate Authority
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
Corporate Authority physically present at the meeting, then the request by the
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Section 4.
member to attend the meeting electronically shall be deemed approved by the
Corporate Authority 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.
Adequate Equipment Required. The member participating electronically and other
members of the Corporate Authority 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 Corporate Authority shall
provide equipment adequate to accomplish this objective at the meeting site.
Section 5. Minutes. 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.
Section 6.
Section 7.
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 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.
Meetings Concerning Bond Issuance. At meetings where the Corporate Authority
is to vote on the issuance of Bonds by the Village, and a member meets the pre-
requisites under Section 2 above, a roll call vote to allow electronic attendance is
required.
These rules are effective this
day of , 2009.
Mayor
ATTES
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Village Clerk
ELECTRONIC ATTENDANCE REQUEST
I hereby request to electronically attend the meeting of the Village of Lemont 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 Date
OR
Request received by phone e -mail fax other
Signature of Village Clerk Date