HomeMy WebLinkAbout178540 0 533
1 ORDINANCE NO. 17,854
2
3
4 AN ORDINANCE TO AMEND LITTLE ROCK, ARK.,
s REV. CODE § 2 -50 (1988) TO DEFINE THE WORD
6 PRESENT TO INCLUDE ATTENDANCE BY
7 ELECTRONIC MEANS FROM WITHIN THE CITY;
s DECLARING AN EMERGENCY; AND FOR OTHER
9 PURPOSES.
10
u WHEREAS, the City is required by law to have a majority of the elected members
12 of the Board of Directors vote on a particular issue in order to adopt the measure, and
13 WHEREAS, in addition to the requirements of state statute, the City has adopted
14 a Code of Ethics which precludes certain persons from voting on matters in which they
15 have a direct or indirect interest; and
16 WHEREAS, when numerous Board members have to recuse and, in addition,
17 other Board members cannot be physically present at a Board meeting the situation
is arises when a measure, which is in the best interests of the citizens, cannot be enacted
19 because there are not a sufficient number of affirmative votes; and
20 WHEREAS, the City has a dedicated government access cable television channel
u which would permit a Board member within the City to view a particular meeting as it
22 is being held and, through other electronic means, also enable that member to actively
23 participate in the meeting despite the fact they are not physically present within the
24 Board meeting room; and
25 WHEREAS, in this situation a person not actually in the Board meeting could be
26 considered present for purposes of discussion and voting; and
27 WHEREAS, the City Attorney has been unable to find any law that prohibits a
28 municipal corporation from amending its bylaws to permit such a definition of the word
29 present.
-1-
I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
z OF THE CITY OF LITTLE ROCK, ARKANSAS:
3 Section 1. Little Rock, Ark., Rev. Code § 2 -50 (1988) is hereby amended to
a read as follows:
5 (a) A quorum is one necessary ingredient for a
6 meeting. A quorum is the minimum number of the member
7 which must be present at a meeting in order to transact
8 business legally. Before a mayor calls the board meeting to
9 order, he should be reasonably sure that a quorum is present.
10 If a quorum is not present, all the group can do is fix a time
11 for another meeting and adjourn.
12 (b) For purposes of this section, the word "present,"
13 means:
14
(1) That the mayor or board member is
15
physically located at the place the board meeting is
16
being held; or,
17
(ii) That a board member is within the
18
corporate limits of the city, but is appearing by
19
electronic means; provided that, for a board member
20
to be present by electronic means, a majority of the
21
membership of the board must be physically present at
22
the place where the board meeting is being held.
23
Board members appearing at meetings pursuant to this
24
subsection shall be entitled to participate by electronic
25
means in matters coming before the board, including
26
discussion, debate and voting, as if they were
V
physically present at the meeting as long as a city staff
- 2 -
0 • 535
1 person is with the member in order to confirm the
2 member's identity and location.
3 (c) A majority of the board is a quorum.
4 Section 2. Severability. In the event any title, section, subsection, subdivision,
s paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is
6 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication
7 shall not affect the remaining portions of this ordinance which shall remain in full force
e and effect as if the portion so declared or so adjudged invalid or unconstitutional was not
9 originally a part of this ordinance.
10 Section 3. Repealer. All ordinances and resolutions, or parts of ordinances
11 or resolutions, inconsistent with the provisions of this ordinance are hereby repealed to
12 the extent of such inconsistency.
13 Section 4. Emergency. Because the restrictions of state law and the City's code
14 of ethics sometimes makes it difficult or impossible for a majority of the elected members
15 to act on a measure, particularly when one or more members of the board cannot attend
16 because of illness or other obligations, business vital to the citizens and in the best
17 interests of the city cannot always proceed in an appropriate manner. In an age when
1s electronic communications means make it possible and practical for a person within the
19 City to participate in a Board meeting, particularly when that person can view the Board
20 meeting by means of the City's dedicated government access cable channel, and to be
21 involved in the discussion and voting on a particular issue, the Board should enact a
22 measure which permits such participation. At the time of this ordinance, the Board is
23 facing several crucial issues that are hampered by absences and recusals, one of which
24 could unnecessarily cost the City several hundreds of thousands of dollars if it is not
25 quickly resolved. The inability to timely deal with City business and the unnecessary
26 expenditure of resources is not in the best interests of the citizens. Indeed, the ability
27 to vote on measures and save the citizens substantial tax dollars is essential to the public
- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Is
19
20
21
22
23
24
25
26
27
28
0 • 536
health, safety and welfare. An emergency is therefore declared to exist and this
ordinance shall be in full force and effect from and after the time of its passage.
Section 5. Expiration. This ordinance shall expire on December 31, 1998,
unless otherwise extended by vote of the Board of Directors.
PASSED: November 2, 1998
ATTEST: APPROVED:
0. dd4.d6 - U&2J P-ALA.
Robbie Hancock
City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter
City Attorney
-4-
Jim 1ley
Mayor