While it is legally permissible for
members of the City's Governmental Body to attend meetings and vote
via video conference transmission, a member's use of video conference
attendance should occur only sparingly. Because it is good public
policy for citizens to have the opportunity to meet with their elected
officials face-to-face, elected members of a City Governmental Body
should endeavor to be physically present at all meetings unless attendance
is unavoidable after exercising due diligence to arrange for physical
presence at the meeting. The primary purpose of attendance by video
conference should be to accommodate the City Governmental Body as
a whole to allow meetings to occur when circumstances would otherwise
prevent the physical attendance of a quorum of its members. A secondary
function of video attendance should be to ensure that all members
may participate in business of the City Governmental Body that is
an emergency or highly important in nature and arose quickly so as
to make attendance at a regular meeting practically impossible. Except
in emergency situations, all efforts should be expended to ensure
that a quorum of the members of the City Governmental Body be physically
present at its normal meeting place.
Members of the public may participate
in a meeting of a City Governmental Body via video conference. The
public wishing to attend a meeting in person, and elected officials
or staff not participating via video-conferencing of a meeting, shall
participate at the meeting place. The City Governmental Body shall
cause there to be provided at the meeting place communication equipment
consisting of an audio and visual display, and a camera and microphone
so that: (1) the member(s) of the City Governmental Body, the members
of the public, and/or staff participating via video-conferencing;
(2) the members of the City Governmental Body or staff at the meeting
place; and (3) the public at the meeting place may actively participate
in the meeting in accordance with the established rules of meeting
decorum. The communication equipment at the meeting place must allow
for all meeting attendees to see, hear, and communicate with the video-conferencing
participant(s).
Elected members of a City Governmental
Body attending a meeting via video conference are deemed present for
purposes of constituting a quorum and participating in a roll call
vote to the same effect elected members of a City Governmental Body
in physical attendance at the meeting place are deemed present. If
any component of the video conference communication fails during the
meeting, the member(s) attending the meeting by video conference whose
connection fails shall be deemed absent immediately upon such failure,
which shall be noted in the minutes, and if such member(s) was needed
to establish quorum, all voting (except to adjourn the meeting) shall
stop until all of the components of video conference attendance are
again restored and the video conference participant's presence is
again noted in the minutes.
In a meeting where a member of a
City Governmental Body is participating via video-conferencing and
the meeting goes into a closed meeting, all provisions of Missouri
law and City ordinances relating to closed meetings apply. Upon the
City Governmental Body's vote to close the meeting, a member of a
City Governmental Body participating via video-conferencing must ensure
confidentiality at their location including safeguarding against accidental
overhearing by others of the audio and video of the closed meeting.
Failure to ensure the requirements of this Section are satisfied may
result in corrective action by the full City Governmental Body in
accordance with this Chapter including disqualification of the member
from future video attendance.
In any meeting where a member is
participating via video conference, the minutes taken should reflect
the same, in addition to noting the members in physical presence and
who are absent.
In the event that emergency circumstances
create a situation where it may be unsafe or practically impossible
for the members of a City Governmental Body to physically attend a
meeting, the body as a whole may meet, and if necessary have a roll
call or voice vote, by video conference. Examples of such emergency
circumstances include, but are not limited to, declarations of a state
of emergency effecting the City, war, riot, terrorism, widespread
fire, health concern or pandemic, or natural disaster such as earthquake,
tornado, hurricane, flood, or blizzard.