cover
TO: The Mayor and City Council
FROM: The Law Department
DATE: May 14, 2019
SUBJECT:
Attendance at public meetings by other means in limited circumstances.
PURPOSE:
The proposed amendment to Section 2-80 of the City Code would permit a member of the City Council, or one of its committees, to participate in a meeting by video or audio conference in limited situations.
BACKGROUND:
Effective January 1, 2007, the Illinois General Assembly amended the Open Meetings Act to allow members of public bodies to attend meetings by audio or video conference in limited circumstances. In order for a member to attend a meeting in this manner, quorum of the public body must be present in its usual meeting place and the public body must have adopted rules authorizing remote participation. Under the Open Meetings Act, remote participation is only available for three statutory reasons (which can be narrowed by the public body) and must be authorized on a case-by-case basis. This proposal adopts the rules required by the Open Meetings Act to authorize this process.
DISCUSSION:
The proposal before the Council provides for limited remote meeting attendance in two situations: 1. a member's illness or disability or 2 a family or other emergency. In order to participate in a meeting by video or audio conference, the member must notify the City Clerk or the committee secretary at least 24-hours in advance of the meeting to request remote access. The Council or the committee, as the case may be must vote to authorize the remote attendance, but once it does, the member can fully participate (and vote) in the meeting as if he or she was physically present. The only exception to this rule is that if the person attending remotely is the presiding officer of the Council or the committee, the Mayor pro tem or the committee vice chairperson must preside in their stead.
IMPACT STATEMENT:
This proposal will facilitate full participation in City Council and committee meetings in circumstances where a member would not otherwise be able to attend a meeting due to illness, disability, or an emergency. The proposal will not impose unnecessary burdens on staff and can be accommodated using existing City equipment and technology.
RECOMMENDATIONS:
That the Council approve this Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Section 2-80 of the Code of the City of Aurora to adopt rules authorizing the members of the City Council to attend meetings by other means as narrowly permitted by Section 7 of the Open Meetings Act.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Open Meetings Act authorizes public bodies to adopt rules permitting its members to attend meetings by video or audio conference in the manner and to the extent permitted by Section 7 of said Act; and
WHEREAS, the City Council wishes to adopt such rules for itself and for its committees; and
WHEREAS, the City Council finds that the rules set forth in Exhibit A to this Ordinance appropriately balance the public interest in full participation of the City's elected officials in the governance of the City and a recognition that from time-to-time medical and emergency circumstances beyond the control of those elected officials may make it impossible to attend meetings in person, and are otherwise in compliance with all of provisions of Section 7 of the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Section 2-80 of the Code of the City of Aurora shall be and hereby is amended as set forth in Exhibit A to this Ordinance.