[Adopted 1-25-2010 by Ord. No. 2010-04]
As used in this article, the following terms shall have the
meanings indicated:
The attendance at a meeting of a public body by a member
of that public body who is not physically present at the meeting but
attends by either video or audio conference.
The Village Board of Trustees, the Plan Commission, the Zoning
Board of Appeals, the Architectural Review Commission, and all other
subsidiary boards, commissions, and committees of the Village that
are subject to the Open Meetings Act (5 ILCS 120/1 et seq.).
A member of a public body is qualified to attend a meeting of
that public body electronically only if the member is physically prevented
from attending the meeting by:
The following procedures are required before a member of a public
body is authorized to attend electronically a meeting of that public
body:
A.
Notice to the Clerk. The member must notify the Village Clerk in
writing at least four hours prior to the meeting which the member
desires to attend electronically, unless advance notice is impractical.
The notice shall be substantially in the form attached to this policy
as Exhibit 1[1] and shall identify the reason the member cannot be physically
present at the meeting in accordance with § 12-38 of this
article. If the member is unable to give the required written notice
prior to the meeting, the member shall notify the Clerk by other means
prior to the meeting and shall submit the required written notice
as soon as practicable following the meeting.
[1]
Editor's Note: Exhibit 1 is on file in the Village offices.
B.
Determination of authorization of electronic attendance. Upon receipt of notice in accordance with Subsection A, the Clerk shall promptly forward the notice to the presiding officer of the public body. After establishing that a quorum of the public body is physically present at the meeting which a member has requested to attend electronically, the presiding officer shall state that 1) a notice was received by a member of the public body in accordance with this policy, and 2) 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 2/3 of the members of the public body 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 public body physically present at the meeting, then the request by the member to attend the meeting electronically shall be deemed approved by the public body 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.
A meeting of a public body at which any member has been authorized
to attend electronically in accordance with § 12-39 of this
article must be conducted in accordance with the following special
rules, in addition to any other applicable rules and procedures of
the public body:
A.
Roll call and quorum. A quorum of the public body must be physically
present at the meeting. Following the call of the roll, and at the
conclusion of the procedures set forth in § 12-39B of this
article, the presiding officer shall identify each member who is attending
the meeting electronically.
B.
Identification and recognition of electronic attendees. Any member
attending electronically must identify himself or herself each time
the member wishes to speak and must be recognized by the presiding
officer prior to addressing matters before the public body.
C.
Public access to meeting. The speech of a member attending electronically
shall be amplified in such a manner that it shall be generally audible
to members of the public body and the public who are physically present
at the meeting. Also, any video image of a member attending electronically
shall be projected in such a manner that the member's video image
shall be generally visible and audible to members of the public body
and the public who are physically present at the meeting. In addition,
the votes of any member of the public body attending electronically
shall be generally audible at the location where such meeting is being
held and expressly acknowledged by the presiding officer. When a member
attends a closed meeting electronically, the member's speech
shall be generally audible to all members of the public body who are
physically present at the meeting, and the audio recording of the
meeting required by the Open Meetings Act shall incorporate the speech
of the member electronically attending the closed meeting.
D.
Minutes. The minutes of each meeting of a public body shall identify
which of the members of the public body were physically present and,
if applicable, which members of the public body attended electronically.
The minutes shall also reflect the reason for a member's attendance
electronically (as described in § 12-39 of this article),
the fact that there was no valid objection to such attendance pursuant
to this policy, and the electronic means by which the member attended
the meeting.
A member attending a meeting of a public body electronically
shall be considered present at the meeting and entitled to vote on
any matter before the public body as if the member were physically
present at the meeting, provided that the member's attendance
at the meeting electronically complies with the terms of this policy.
[Amended 3-9-2020 by Ord. No. 2020-09]
A.
In the event of a bona fide disaster, as defined in the Illinois
Emergency Management Agency Act (20 ILCS 3305/1 et seq.) (IEMAA),
this policy shall not apply to restrict the conduct of public business
by a public body, provided that such public business is conducted
in accordance with Subsection 10(j) of the IEMAA.
B.
During a state of emergency as established in Subsection C of this section, the Village President (or the President's designee as hereinafter provided) may exercise by executive order extraordinary power and authority on behalf of the Village pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation, expenditure, and disposition of public funds and property.
C.
In the event of a declaration of disaster affecting the Village as
provided in the IEMAA or in the event of any circumstance of the nature
of a disaster as defined in 20 ILCS 3305/4 (the "standards"), the
Village President may declare that a state of emergency exists by
signing, under oath, a statement finding that such standards have
been met, setting forth facts to substantiate such findings, describing
the nature of the emergency, and declaring that a state of emergency
exists. Such statement shall be filed with the Clerk of the municipality
as soon as practicable. Appropriate steps shall be taken to disseminate
information regarding such state of emergency to other members of
the corporate authorities, as well as the Village administrative staff
and members of the Bannockburn Police Department.
E.
A state of emergency, declared as provided in this section, shall
expire not later than the adjournment of the first regular meeting
of the corporate authorities after the state of emergency is declared.
