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HomeMy WebLinkAboutOrdinances - 21-9 - 02/16/2021 - Meeting Attendance CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-9 An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois February 16, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 17th day of February, 2021. ORDINANCE NO. 21-9 An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6,of the Constitution of the State of Illinois,and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the Illinois legislature has amended the Illinois Open Meetings Act to permit remote attendance at public meetings without the physical presence of a quorum when certain conditions have been met; and WHEREAS, the Mayor and City Council wish to ensure that the McHenry Municipal Code reflects and incorporates this authority. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Title 1,Chapter 6, Section 1-6-3(J),which is duplicative of material elsewhere in the code, shall be deleted, and the remainder of Section 1-6-3 shall be renumbered accordingly. SECTION 2: Title 1, Chapter 6, Section 1-6-6 shall be amended to read as follows(with new text underscored): 1-6-6: MEETING ATTENDANCE BY AUDIO OR VIDEO CONFERENCING WHEN A QUORUM IS PHYSICALLY PRESENT: In addition to holding meetings pursuant to the Open Meetings Act,meetings held by any board or commission of the City shall be subject to the following rules: A. Remote Attendance by Individual Members: 1. A quorum of the board/commission shall be physically present at the location of an open or closed meeting. 2. Provided a quorum is physically present, a member may be allowed to attend the meeting by audio or video conferencing. 3. Any member who wished to be considered present at a meeting via audio or video conference may make such a request to the board/commission by notifying the Clerk via the City Administrator prior to the meeting,unless advance notice is impractical,that the member cannot physically attend the meeting for one of the following reasons: (a). Personal illness or disability; An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry,Illinois Regarding Rules for Meeting Attendance,Page 1 (b). Employment purposes or City business; or (c). A family or other emergency 4. An affirmative vote by a majority of the board/commission physically present may allow a member to attend a meeting as provided herein. 5. The Secretary shall record in the minutes of every meeting the members physically present, absent and present by audio or video conference. B. REMOTE ATTENDANCE WITHOUT A QUORUM PHYSICALLY PRESENT IN THE EVENT OF A DISASTER DECLARATION• Notwithstanding the provisions of Section A above any pen or closed meeting of any City body subject to the requirements of the Illinois Open Meetings Act(5 ILCS 120) mgy be conducted by audio or video conference without the physical presence of a quorum of the members so longas the requirements of the Illinois Open Meetings Act(as may be amended) for such meetings have been met. SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed this 16'day of February, 2021 Ayes Nays Absent Abstain Alderman Harding .- Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Mayor W y e Jet City Clerk Trisha Ramel An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry,Illinois Regarding Rules for Meeting Attendance,Page 2 CERTIFICATION I,Trisha Ramel,do hereby certify that I am the duly appointed,acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry,held on the 16th day of February,2021,the foregoing Ordinance entitled An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry,Illinois Regarding Rules for Meeting Attendance is duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. 21-9, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 17th day of February, 2021, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 17th day of February 2021. �wh' A'q h, Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois (SEAL)