[Adopted 6-18-2014 by Ord. No. 2014-1853]
The purpose and intent of this article is to allow for the participation
of Council members in meetings of Council from remote locations by
means of telecommunication devices, such as telephones or computers
which permit, at a minimum, audio communication between locations
so that Council may establish a quorum and participate in meetings
if a member cannot physically be present for one or more reasons set
forth herein.
Council may provide for the participation of other Council members
by means of telecommunication devices provided that:
A. A
majority of the membership of Council is physically present at the
advertised meeting place within the Borough and a quorum is established
at the convening or reconvening of the meeting. If after the convening
or reconvening of a meeting, a member has been disqualified from voting
as a matter of law, but is still physically present, Council members
participating by telecommunication device in accordance with this
article shall be counted to maintain a quorum.
B. The
telecommunication device used permits the member or members of Council
not physically present at the meeting to:
(1) Speak to and hear the comments, votes, if any, of the members of
Council who are physically present as well as other members of Council
who may not be physically present and who are also using a telecommunication
device to participate in the meeting; and
(2) Speak to and hear the comments of the public who are physically present
at the meeting.
C. The
telecommunications device used permits the members of Council and
the members of the public who are physically present at the meeting
to speak to and hear the comments and the vote, if any, of the members
of Council who are not physically present at the meeting.
D. Council
may only authorize participation by telecommunication device for one
or more of the following reasons:
(1) Illness or disability of the member of Council;
(2) Care for the ill or newborn in the member's immediate family;
(4) Family or business travel.
E. Nothing
in this section shall be construed to limit the protections and prohibitions
contained in any law or regulation relating to the rights of the disabled.
In the event that any section, sentence, clause, or word of
this article shall be declared illegal, invalid or unconstitutional
by any court of competent jurisdiction, such declaration shall not
prevent, preclude or otherwise foreclose the validity of the remaining
portions of this article.