(a) Definitions. As used in this section:
(1) "Council" shall mean the Council referenced.in Article 4 of the Charter of the Village of Chagrin Falls
(2) "Electronically" means by way of electronic equipment or devices, including but not limited to, live-streaming by means of internet, local radio, television, cable public access channels; call in information for a teleconference; or by means of any other similar electronic technology.
(3) "Open to the public" means that a public meeting, or hearing conducted in-person, virtually, or any combination thereof, to which the public has access to the deliberations and official actions of the public body in-person, virtually, electronically, or any combination thereof.
(4) "Public body" shall have the same meaning as defined in RC 121.22.
(5) "Virtually" means by way of teleconference, video conference, or any other similar electronic technology.
(b) Attendance. Each public body may permit its members to attend its public meetings or hearings in-person, virtually, or a combination of the two. The following shall apply if any or all of the members are permitted to attend virtually:
(1) Each member attending virtually shall be considered present as if the member is in-person at the public meeting or hearing, shall be permitted to vote, and shall be counted for purposes of determining whether a quorum is present at the public meeting or hearing;
(2) Any vote on a resolution, ordinance or formal action of any kind cast by a member attending virtually shall have the same effect as if member is in-person at the public meeting or hearing; and
(3) The public body shall ensure that the public can observe and hear the discussions and deliberations of all the members of the public body, whether members are attending in-person or virtually.
(c) Open to the Public. Except as set forth in this Ordinance, each public body shall determine the method by which its meetings, or hearings are open to the public. For public hearings conducted virtually, the public body must also establish a means, through the use of electronic equipment that is widely available to the general public, to communicate with witnesses and to receive documentary testimony and physical evidence. All participants, parties and proposed witnesses, when appearing virtually, must be shown using their full name or name on record while in the virtual meeting or hearing. Each witness shall enable and use both video and audio at all times during their testimony, unless they do not have the capability of using video technology where they may be at the time of the meeting or hearing. All participants shall insure that there will be no interruptions or distractions for the duration of their appearance at the meeting or hearing.
(d) All participants at a meeting or hearing who intend to submit exhibits shall pre-file the proposed exhibits at least three (3) business days in advance of any virtual hearing or meeting by submitting such documents in PDF format and submitting them to the Chief Administrative Officer of the Village, or other such person as the Chief Administrative Officer may designate. The Chair of each public body may allow exhibits not submitted prior to a meeting or hearing to be used at the meeting or hearing, such as documents used to impeach a witness or for rebuttal purposes. At the Chair's discretion, the Chair may permit a party to transmit an exhibit to the public body during the meeting or hearing by email or other method approved by the Chair. Upon conclusion of the meeting or hearing, the Village will not be obligated to maintain any proposed exhibits or other documents that were not made a part of the record during the meeting or hearing and may delete them from an email inbox, virtual drop box, or other virtual storage folder at the convenience of the Village Administration.
(e) Notice to the Public. Each public body shall provide at least twelve (12) hours' prior notification of the time, place, agenda items, and the manner by which the meeting or hearing will be held and where possible or convenient, an email address to submit proposed exhibits or other documents for a meeting or hearing.
(f) Authority. The Council, by motion, may determine when virtual meetings or hearings will be utilized, and which public bodies shall hold virtual meetings or hearings. Whenever there is a public health emergency, or other emergency or a clear and present danger to the safety or health of the public and Council has not determined that public bodies shall meet virtually, the President of Council may, by email notice to all members of Council, the Mayor, the Chief Administrative Officer, and the Law Director, declare that one or more meetings or hearings be held virtually until the next regularly scheduled Council meeting at which time the Council will determine if virtual meetings shall continue for one or more public bodies of the Village. (Ord. 2022-01. Passed 1-3-22.)