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1 ORDINANCE NO. , 1
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3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK.
4 REV. CODE § 2 -50 TO DEFINE "PRESENT AT A
s MEETING" TO PERMIT A MEMBER OF THE BOARD
6 OF DIRECTORS TO PARTICIPATE AND VOTE IN
7 MEETINGS OF THE BOARD BY ELECTRONIC OR
a TELEPHONIC MEANS; TO DECLARE AN
9 EMERGENCY; AND FOR OTHER PURPOSES.
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ii WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has
12 previously approved an ordinance which permitted an elected member to participate in
13 discussions and votes of the Board by electronic or telephonic means when it was
14 impossible for the member to attend a meeting in person because of nonelective medical
15 reasons, and
16 WHEREAS, Little Rock, Ark., Ordinance No. 17,854 (November 2, 1998), was
17 passed with a sunset provision of December 31, 1998, and is no longer in effect, and
to WHEREAS, the Board of Directors has determined that such an ordinance is
19 again appropriate in light of the pending nonelective surgery, recovery and rehabilitation
20 faced by one of its members,
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
22 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
23 Section 1. Little Rock, Ark., Rev. Code § 2 -50 (1988) is hereby amended as
24 follows to add a new subsection (c):
25 (c) For purposes of this Code, a member is present at a meeting
26 if the member is physically present at the place of the meeting, or if the
27 member, by resolution of the board of directors, has been permitted to
28 attend the meeting by electronic or telephonic means and:
(Rec. 1- 24 -00.)
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(1) The resolution of the board is based only upon
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a request by the board member because the member cannot
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attend because of a nonelective medical condition;
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(2) The length of time required for the medical
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treatment, rehabilitation, or recovery, is unknown, but is
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anticipated to be two weeks or more;
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(3) The member can provide assurance that
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nothing about the medical treatment, rehabilitation, or
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recovery, or any medications required for treatment, will
to
impair the member's mental functioning during any meeting
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the member attends telephonically or electronically; and
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(4) The resolution expires at the end of the
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member's treatment, or at the first meeting the member
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attends physically, whichever occurs first.
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(d) At any meeting a member attends electronically or telephonically
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in accordance with this section:
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(1) A member of the City staff, familiar with the
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member, shall be physically present with the member at the
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time of such attendance;
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(2) Any device used to enable the member to
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participate shall be sophisticated enough to permit the
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member to hear the comments of any person physically
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present at the board meeting, and to permit anyone
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physically present at the board meeting to hear the member's
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comments;
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(3) If the member is physically unable to speak, the
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City staff member can relay the member's vote to the
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meeting if, and only if, the member has previously marked
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I the vote in writing on a form that lists the item under ri
2 consideration and the vote made by the member; at the
3 conclusion of the meeting, the member shall sign, and the
4 City staff person shall witness, a certificate that the attached
s voting forms are the votes the member has taken during the
6 meeting; this certificate, with the voting forms attached, shall
7 be presented to the City Clerk as soon as possible after the
s meeting for inclusion as a part of the record.
9 (e) Nothing in this ordinance shall be interpreted to permit any member
10 to attend an executive session of the board of directors by any means other
11 than physical presence.
12 Section 2. Severability. In the event any title, subtitle, section, subsection,
13 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this
14 ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
is adjudication shall not affect the remaining portions of this ordinance which shall remain
16 in full force and effect as if the portion so declared or adjudged invalid or
17 unconstitutional was not originally a part of this ordinance.
is Section 3. Repealer. All ordinances, resolutions, laws or policies, or parts of
19 any such material, in confect with the provisions of this ordinance are hereby repealed
20 to the extent of such inconsistency.
21 Section 4. Emergency. The Board of Directors recognizes that elected officials,
22 from time to time, cannot be physically present at meeting of the Board because of
23 nonelective medical situations, but believes and finds that their input and vote is
24 necessary to conduct City's business and is, therefore, essential to the public health,
25 safety and welfare; and emergency is, therefore, declared to exist and this ordinance
26 shall be in full force and effect from and after the date of its passage.
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1 PASSED: January 11, 2000
2 ATTEST:
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5 Robbie Hancock, City Clerk
6 APPROVED AS TO LEGAL FORM:
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9 Thomas M. Carpenter, City Attorney
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S!D
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APPROVED: 11 - ` J
WAIW oat�e"
Jinn pailey, Mayor