Legal Notice
ORDINANCE #2024-01
AN ORDINANCE ADOPTING AN ELECTRONIC MEETING POLICY GOVERNING THE COUNCIL MEMBERS AND BOARDS
APPOINTED BY THE MAYOR AND CITY COUNCIL TO PARTICIPATION IN MEETINGS BY ELECTRONIC MEANS IN THE CITY OF
HALEYVILLE,
ALABAMA
WHEREAS, the City Council of the City of Haleyville, Alabama, has determined that it is wise, expedient, and in the best interests of the citizens of the City to provide for the participation of Council Members and City Board Members appointed by the Mayor and City Council to participate in open meetings by electronic means where authorized by Code of Ala. 1975, § 36-25A-5.2; and
WHEREAS, the City Council of the City of Haleyville, Alabama, adopts the following Policy which will govern the use of electronic participation in meeting which are held at least forty-five (45) days after the passage of this Policy.
ELECTRONIC MEETING POLICY FOR THE CITY OF HALEYVILLE
Purpose and applicability. It is the policy of the City of Haleyville that individual members of the city council and Boards of the City of Haleyville (hereinafter, “Board”) may participate in meetings by electronic means as permitted by Code of Ala. 1975, § 36-25A-5.2. All proceedings pursuant to this policy shall be performed in accordance with Code of Ala. 1975, § 36-25A-5.2 as may hereafter be amended. This policy shall apply to the entire city council and appointed board membership without regard to the identity of the member requesting remote participation or the matters to be considered or voted on at the meeting.
Quorum required. The City Council or Board may consider a request for participation by electronic communication means only if a quorum of the City Council or Board is physically present at the central or physical meeting location, and there is an arrangement for all participants to hear one another at the same time. Participation by electronic means as authorized by Code of Ala. 1975, § 36-25A-5.2 shall constitute presence in person at the meeting for all purposes, except for the establishment of a quorum.
Permissible reasons for electronic participation. Participation by a council member or member of a city board in a meeting by electronic communication means shall only be allowed if the member is unable to be physically present due to an illness. For purposes of this section, "illness" means sickness, disease or other physical condition that causes a member to face significant difficulties attending a meeting in person and/or endangers the health of the subject member or of those physically present.
Notice prior to meeting required. The member needing to participate in a meeting by electronic communications shall notify the Mayor, or Chairman of the Board and/or the City Clerk prior to the meeting with sufficient time to arrange for the participation. This request must include all necessary details of how to connect the participant to the meeting by telephone or auto/visual communications as the case requires.
Approval. Individual participation from a remote location shall be approved unless such participation would violate this policy or the provisions of the Alabama Open Meetings Act.
Location. The location where the quorum is present and each remote location from which a member participates must have, at a minimum, two-way audio with each other's location during the entire meeting. Each participant's voice must be clearly audible to each other participant and, during the open portion of the meeting, to members of the public in attendance at the location where the quorum is present. The audio signals perceptible by members of the public at the location where the quorum of the members are present must be of sufficient quality so that members of the public can hear the voice of each participant in the open portion of the meeting.
Requirements of electronic system. Any electronic communications system utilized must allow all the participating members—whether they are physically in the central location or in remote location(s)—to simultaneously communicate with one another and the public. The city clerk shall arrange for the acquisition and installation of all appropriate equipment, communications systems and software as shall be necessary to comply with the provisions of this section. Acceptable means of electronic communications include telephone (speaker phone) or by video or audio teleconferencing means, such as Zoom, GoToMeeting, GoToWebinar, Webex, Microsoft Teams, Google Hangout or any other similar platform approved by the city council, which is clear, uninterrupted and allows two-way communication for the participating council members.
Voting. Any vote taken at a meeting utilizing the equipment contemplated in this section shall be taken as a roll call vote that allows each participant to vote individually in a manner audible to all persons participating or present at the physical location where the quorum is present.
Interruption of electronic communication. If the electronic communication means fail or are in any way interrupted during a meeting otherwise in compliance with this section, that failure shall not be grounds to challenge any action taken during the meeting.
Implementation of policy. At least 45 days shall lapse between the adoption of this policy and the first meeting that the City Council or Board uses electronic means of communication as authorized by this section.
No reimbursement of expenses. A council member participating in a meeting by electronic communication means as provided by this section may not claim any form of fee or reimbursement of expenses relating to that meeting, including mileage.
Adopted and approved this 22nd day of July 2024
Approved:
Christy Harbin
Acting City Clerk
Attest:
Ken Sunseri
Mayor
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