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15191 1 RESOLUTION NO. 15,191 2 3 A RESOLUTION TO ALLOW MEMBERS OF CITY BOARDS AND 4 COMMISSIONS TO ATTEND MEETINGS BY ELECTRONIC MEANS 5 AND TO PERMIT A MEMBER TO VOTE ON CERTAIN PROCEDURAL 6 ASPECTS OF AN ORDINANCE AND TO BE COUNTED AS PRESENT IF 7 ANY ORDINANCE HAS BEEN APPROVED WHICH ALLOWS A 8 MEMBER TO BE IN ATTENDANCE BY ELECTRONIC MEANS; AND 9 FOR OTHER PURPOSES. 10 11 WHEREAS,the Little Rock Board of Directors has approved an ordinance that amended Little Rock, 12 Ark., Rev. Code § 2-50 (1988) to define the word "Present"to include attendance of Board of Directors 13 by electronic means; and, 14 WHEREAS,while this ordinance is in effect there may be times where a vote on a procedural matter 15 that deals with an item approved by the Board of Directors, such as an emergency clause, is required but 16 there are not sufficient members,besides the Mayor,present and voting on the item; and, 17 WHEREAS, it may be necessary for other City Boards and Commissions duly instituted pursuant to 18 Arkansas State Law or City ordinance to be present by electronic means; and, 19 WHEREAS,there may be times where for other City Boards and Commissions duly instituted pursuant 20 to Arkansas State law or City ordinance a vote on a procedural matter that deals with an item approved by 21 that Board or Commission, such as an emergency clause, is required but there are not sufficient members 22 present and voting on the item; and, 23 WHEREAS, particularly in a time in which a national emergency has been declared and the Mayor 24 and members of the Board of Directors and the members of other City Boards and Commissions need to 25 approve certain legislation that becomes effective immediately in order to address issues the City faces 26 because of the emergency. 27 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 28 OF LITTLE ROCK,ARKANSAS: 29 Section 1. Board of Directors. A Board Member not present in person at the time an item has been 30 approved by the Board of Directors that will not be vetoed by the Mayor may vote by telephonic or 31 electronic means on a procedural issue that impacts the approved item provided: 32 (a) The Mayor has publicly declared the item is approved will and not be vetoed; and, 33 (b) The Meeting, or Special Meeting, at which the item was approved has not adjourned; and, [Page 1 of 4] 1 (c) (i) A Board Member is present telephonically with a member of City Staff present to 2 verify the identity of the Member; or, 3 (ii) The Board member participates by electronic or other means which allows the 4 Mayor, other members of the Board of Directors, and the public to see and hear the 5 Member participating electronically and voting on the procedural issue. 6 (d) A procedural matter includes, but is not limited to,the approval of an emergency clause. 7 Section 2. Boards and Commissions—Attendance. 8 (a) Members of all City Boards and Commissions duly instituted pursuant to Arkansas State Law 9 or City Ordinance other than the Board of Directors, which is addressed elsewhere, shall be 10 allowed to attend the regular, recessed, called, or other meetings of their respective Boards 11 and Commissions via electronic means provided a quorum is present. 12 (b) A quorum is a requirement to transact business during a meeting of City Boards and 13 Commissions. A quorum is the requisite number of Members of the Board or Commission, 14 present at a regular, recessed, called, or other meeting in order to transact business legally. 15 Before a Chair calls the meeting to order, he should be reasonably sure that a quorum is 16 present.If a quorum is not present,all the group can do is fix a time for another meeting and 17 adjourn or recess. 18 (c) For purposes of this section,the word "Present," means: 19 (i)That the Chair or Board or Commission Member is physically located at the place the 20 Board or Commission Meeting is being held; or, 21 (ii)That a Board or Commission Member is within the corporate limits of the City, but 22 is appearing by electronic means;provided that,for a Board or Commission Member 23 to be present by electronic means, the Chair or the Member who is presiding over 24 the meeting is physically present at the place where the Board or Commission 25 Meeting is being held. Board or Commission Member appearing at meetings 26 pursuant to this Subsection shall be entitled to participate by electronic means in 27 matters coming before the Board or Commission, including discussion, debate, and 28 voting,as if they were physically present at the meeting as long as a City Staff person 29 is with the Member in order to confirm the Member's identity and location, or the 30 Member participates by electronic or other means which allows the Chair, other 31 Members of the Board or Commission, and the public to see and hear the Member 32 participating electronically; or, 33 (iii)That if it is necessary to approve a measure that is deemed by the Chair to be vital of 34 the interests of the City and a Board or Commission Member is located outside the 35 corporate limits of the City on City business, but is appearing by electronic means; [Page 2 of 4] 1 provided that,for a Board or Commission Member to be present by electronic means, 2 the Chair or the Member who is presiding over the meeting is physically present at 3 the place where the Board or Commission Meeting is being held. Board or 4 Commission Members appearing at meetings pursuant to this subsection shall be 5 entitled to participate by electronic means in matters coming before the Board or 6 Commission, including discussion, debate, and voting, as if they were physically 7 present at the meeting as long as a City Staff person is with the Member in order to 8 confirm the Member's identity and location; or, the Member participates by 9 electronic or other means which allows the Chair, other Members of the Board or 10 Commission,and the public to see and hear the Member participating electronically; 11 (d) A quorum shall be defined by the by-laws or other governing document of the respective 12 Board or Commission. 13 (e)This resolution shall supersede the by-laws or other governing documents of the Boards and 14 Commissions to which this resolution applies only in respect to the matters contained herein 15 and shall have no other affect upon such by-laws or other governing documents. 16 Section 3. Boards and Commissions - Voting. Members of all City Boards and Commissions duly 17 instituted pursuant to Arkansas State Law or City Ordinance, other than the Board of Directors which is 18 addressed elsewhere, not present in person at the time an item has been approved by the respective Board 19 or Commission that will not be vetoed by the Chair of that Board or Commission may vote by telephonic 20 or electronic means on a procedural issue that impacts the approved item provided: 21 (a) The Chair has publicly declared the item is approved will and not be vetoed; 22 (b) The meeting, or special meeting, at which the item was approved has not adjourned; and, 23 (c) (i) The member is present telephonically with a member of City staff present to verify 24 the identity of the member; or, 25 (ii) The member participates by electronic or other means which allows the Chair, other 26 Members of the Board or Commission, and the public to see and hear the member 27 participating electronically and voting on the procedural issue; 28 (d) A procedural matter includes,but is not limited to,the approval of an emergency clause. 29 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 30 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 31 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 32 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 33 ordinance. 34 Section 5. Repealer. All laws, ordinances,resolutions, or parts of the same that are inconsistent with 35 the provisions of this ordinance are hereby repealed to the extent of such inconsistency. [Page 3 of 4] 1 Section 6.Emergency. Because the restrictions of state law and the City's Code of Ethics sometimes 2 make it difficult or impossible for a majority of the elected Members of a Board or Commission to act on a 3 measure, particularly when one or more members of the Board or Commission cannot attend because of 4 illness or other obligations,business vital to the citizens and in the best interests of the City cannot always 5 proceed in an appropriate manner. In an age when electronic communications means make it possible and 6 practical for a person within the City to participate in Board or Commission Meetings, particularly if that 7 person can view the meeting by means of the City's dedicated Government Access Cable Channel, and to 8 be involved in the discussion and voting on a particular issue, the Board should enact a measure which 9 permits such participation. At the time of this resolution, the City's Board or Commissions are facing sev- 10 eral crucial issues that are hampered by absences and recusals, one of which could unnecessarily cost the 11 City money and impede the City's ability to function. The inability to timely deal with City business and 12 the unnecessary expenditure of resources is not in the best interests of the citizens. Indeed, the ability to 13 vote on measures and save the citizens substantial tax dollars is essential to the public health, safety, and 14 welfare.An emergency is therefore declared to exist and this resolution shall be in full force and effect from 15 and after the time of its passage. 16 ADOPTED: A.ril 1,2020 17 ATT APPROVED: 18 19 vApi14 2a•AJD 20 : n � City Clerk Frank Scott,Jr.,M yor 21 APP' ' E► 0 LEGAL FORM: 22 23 /AID,1444PLA--- 24 Thomas M. Carpenter,City Attorn 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 4 of 4]