(a) Policy Statement. It is the policy of the City that a member of any group associated with this unit of government which is subject to the provisions of the Open Meetings Act may attend and participate in any open or closed meeting of that covered group from a remote location via telephone, video or internet connection during a disaster declaration, provided that such attendance and participation is in compliance with this policy and any other applicable laws.
(b) Conditions. An open or closed meeting subject to the Open Meetings Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:
(1) The Governor of the State of Illinois 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 City is covered by the disaster area;
(2) The mayor determines that an in-person meeting or a meeting conducted under this policy is not practical or prudent because of the disaster;
(3) All members of the body participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony;
(4) For open meetings, members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the disaster, including the issued disaster declaration, in which case the City must make alternative arrangements and provide notice pursuant to this policy of such alternative arrangements in a manner to allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link;
(5) At least one member of the body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the disaster, including the issued disaster declaration; and
(6) All votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.
(c) Notice. Except in the event of a bona fide emergency, forty-eight hours' notice shall be given of a meeting to be held pursuant to this policy. Notice shall be given to all members of the covered group, shall be posted on the website of the City, 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 Open Meetings Act. If the City declares a bona fide emergency:
(1) Notice shall be given pursuant to subsection (a) of Section 2.02 of the Open Meetings Act, and the presiding officer shall state the nature of the emergency at the beginning of the meeting;
(2) The City must comply with the verbatim recording requirements set forth in Section 2.06 of the Open Meetings Act.
(d) Quorum. Each member of the body participating in a meeting by audio or video conference for a meeting held pursuant to this policy is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
(e) Record. A covered group holding open meetings under this policy must also keep a verbatim record of all its meetings in the form of an audio or video recording. Verbatim records made under this paragraph shall be made available to the public under, and are otherwise subject to, the provisions of Section 2.06 of the Open Meetings Act.
(f) Costs. The City shall bear all costs associated with compliance with this policy.
(Ord. 2020-8-1. Passed 8-12-20.)