(A) Purpose.
(1) The purpose of this policy is to govern the procedure by which the City of Markham may conduct open or closed meetings by audio or video conference, without the physical presence of a quorum of the City Council, when circumstances warrant and only as authorized by Section 7(e) of the Illinois Open Meetings Act, 5 ILCS 120/1 et seq.
(2) To the extent that this policy and rules conflict with any other rule of the City Council, this policy will control during a disaster and while this policy is activated. This policy hereby applies to all subsidiary boards, committees, and commissions unless and until such boards, committees, and commissions adopt their own rules for remote meetings or hearings held during a disaster and/or pursuant to Section 2.06(g) and Section 7(e), when and if enacted, of the Illinois Open Meetings Act.
(B) Definitions. As used in this chapter.
ACT. The Illinois Open Meetings Act, 5 ILCS 120/1 et seq., including amendments made thereto by Public Act 101-0640.
ALDERMAN. One of the four members of the City Council elected from wards pursuant to state code.
CITY. City of Markham.
CITY COUNCIL. The City Council of the City of Markham consisting of the Mayor and the four duly elected and/or appointed Aldermen pursuant to this code.
CLERK. The City Clerk elected pursuant to this code.
CODE. The Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.
DISASTER. An event where the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns because of a disaster as defined in Section 4 of the Illinois Emergency Management Agency Act, and all or part of the jurisdiction of the public body is covered by the disaster area.
MAYOR. The Mayor of the City of Markham, Cook County, State of Illinois, as defined by this code.
MEETING. Any open meeting of the City Council that is subject to the Act.
POLICY. This disaster remote meeting policy and any modifications that may be approved from time to time.
REMOTE MEANS. Video or audio conference only.
(C) Activation of remote meetings policy.
(1) Open or closed meetings held by remote means, without the physical presence of a quorum of the City Council, may be held when the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns because of a disaster as defined in Section 4 of the Illinois Emergency Management Agency Act, and all or part of the jurisdiction of the public body is covered by the disaster area.
(2) Upon such a declaration by the Governor or the Director of the Illinois Department of Public Health, the Mayor may determine that an in-person meeting or meeting conducted under the Illinois Open Meetings Act is not practical or prudent because of the disaster and may activate this policy. Said determination shall include any specific modifications or requirements related to in-person meeting attendance as discussed further herein. Any subsequent modifications that may be necessary during the period of the disaster may be declared by the Mayor from time to time. The City Council may approve, by resolution, modifications to conducting meetings under this policy subject to the limitations of the Act and parameters of this policy.
(3) Once this policy is activated, the City Council shall convene open and closed meetings subject to the parameters of this policy and the Act for the period of the disaster unless the Mayor earlier determines that there no longer remains a need for its activation.
(D) Disaster remote meeting procedures. When this policy is activated pursuant to the above division (C), meetings shall be held as follows:
(1) At least one member of the City Council, the Mayor, the City Attorney, or Chief Administrative Officer must be physically present at the regular meeting location. The Mayor shall determine the official required to physically attend the meeting. All other Aldermen may participate remotely in City Council meetings. The Mayor may order some or all Aldermen to participate remotely. However, the Mayor may declare, or City Council may resolve, that physical attendance is unfeasible due to the disaster. The Mayor or Council are not precluded from determining a specific limit on the number of people allowed to physically attend a meeting. Such determination may be changed from time to time during the disaster period when this policy is activated as the Mayor and City Council may deem necessary and proper.
(2) Meetings shall comply with any parameters or orders required by the disaster declaration, any executive orders, rules, regulations, or any other relevant law.
(3) All members of the City Council participating at a meeting, wherever their physical location, must be verified and shall confirm that they are able to hear all other participants, all discussion, and any testimony prior to the meeting commencing. The platform for remote or electronic attendance and participation at the City Council meeting will be arranged in advance by the Mayor or his/her designee at least 48 hours prior to the commencement of the meeting.
(4) Each member of the body participating in a meeting by audio or video conference for a meeting held pursuant to this section is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
(5) All votes conducted while this policy is activated shall be by roll call with each Alderman's vote on each issue identified and recorded. No voice-votes for routine, procedural motions or otherwise are allowed.
(6) A verbatim record, in the form of an audio or video recording, shall be kept of both closed and open meetings conducted while this policy is activated. Verbatim records of open meetings shall be made available to the public and all verbatim records remain subject to Section 2.06 of the Act. In addition to a verbatim record, minutes shall be kept and approved by the City Council as is done for any other open or closed meeting.
(7) When circumstances warrant and allow one or more city officials to be physically present at the regular meeting location, the following rules shall apply:
(a) The number of persons admitted to physically attend an open meeting may be limited based on the nature of the disaster and any such limitations shall be stated on the meeting notice as discussed herein.
(b) The first persons to be admitted to City of Markham City Council meetings will be its elected and appointed officers choosing or otherwise required to attend in person. If the in-person attendance maximum is not met, the next person(s) to be admitted shall be one member of the Associated or Local Press. To ensure eligibility for entry, the member of the Press must email City Clerk, Jennifer Coles, at icoles@cityof markham.net. The first email received will determine the Press member admitted to any City of Markham City Council meeting held during the disaster period where this policy is in place. Thereafter, if the in-person attendance maximum is not met, members of the public shall be admitted. Admittance will be determined by which member of the public emails City Clerk, Jennifer Coles, at jcoles@cityofmarkham.net and requests admittance on a first-come, first-serve basis. If no person requests admittance via email, admittance shall be granted on a first-come, first serve basis.
(c) At the meeting, persons attending in-person shall comply with any applicable health or other requirements that may be ordered.
(d) Members of the public attending in-person at the regular meeting location of the city must be able to hear all discussion and testimony and all votes of the City Council.
(8) When in-person attendance at the regular meeting location is not feasible, in whole or in part, due to the disaster, the city shall make alternative arrangements, and provide notice of such alternative arrangements on the meeting notice, as discussed herein, whereby the members of the public must be able to contemporaneously hear all discussion, testimony, and roll call votes. Such alternative access may include, but is not limited to, offering an alternative physical location with a video and audio feed of the meeting, a telephone conference number, or a web-based access link. The city officer responsible for posting and/or publishing meeting notices shall be responsible for compliance with all notice requirements provided by this policy and in accordance with Public Act 101-0640.
(9) In addition to providing any in-person comments, any person desiring to make public comment may also email their public comment to City Clerk, Jennifer Coles, at jcoles@cityofmarkham.net by 4:00 p.m. on the day upon which the City Council holds a meeting during the time when this policy is activated. Public comments received by email will be read during the public comment section and will be noted in the meeting minutes. Emailed public comments must be limited to 200 words, must identify the commenter, and are limited to one comment per person. If the remote meeting platform allows for live public comment, then the rules applicable to public comment with respect to length and number of comments shall be applicable thereto. Nothing herein shall allow members of the public to speak, interrupt the proceedings, or otherwise attempt to conduct city business unless otherwise recognized and allowed by the City Council.
(10) All persons unable to attend a meeting in-person or by the alternative arrangement, and who desire to know if action was taken on an agenda item by the Mayor and City Council for the City of Markham may contact City Clerk, Jennifer Coles, at icoles@cityofmarkham.net the following day or thereafter.
(11) Except in the event of a bona fide emergency, 48 hours' notice shall be given of a meeting to be held pursuant to this policy. Notice shall be given to all members of the public body, shall be posted on the website of the public body, and shall also be provided to any news media who has requested notice of meetings pursuant to subsection (a) of Section 2.02 of the Act. The meeting notice shall include any modifications and/or restrictions to public attendance, shall include any alternative arrangements to access the meeting, shall include the information concerning submission of public comments, and shall include any and all such other rules or modifications to the meeting rules as determined by the Mayor and City Council. In addition to the meeting notice, the city shall endeavor to publicize the alternative arrangements to access the meeting on the city's website and/or social media channels. In the event of a bona fide emergency declared by the city:
(a) Notice shall be given pursuant to subsection (a) of Section 2.02 of the Act, and the Mayor shall state the nature of the emergency at the beginning of the meeting; and
(b) The public body must comply with the verbatim recording requirements set forth in Section 2.06 of the Act.
(Ord. 20-O-2272, passed 6-17-2020)