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§ 31.38 “ROBERT’S RULES OF ORDER.”
   Except when in conflict with the provisions of this subchapter, Robert’s Rules Of Order shall govern the deliberations of the City Council.
(1986 Code, § 2-97)
§ 31.39 MEETINGS OPEN TO THE PUBLIC.
   All meetings of the City Council shall be open to the public in accordance with state law.
(1986 Code, § 2-98)
Statutory reference:
   Similar provisions, see ILCS Ch. 5, Act 120, §§ 1.01 et seq.
§ 31.40 EXECUTIVE SESSIONS.
   (A)   The City Clerk shall keep a verbatim record of all closed or executive session meetings of the corporate authorities of the city or any subsidiary "public body," as defined by the Illinois Open Meetings Act, ILCS Chapter 5, Act 120, §§ 1 et seq. The verbatim record shall be in the form of an audio or video recording as determined by the Mayor and City Council.
   (B)   The City Clerk shall be responsible for recording the closed or executive sessions. In the absence of the City Clerk, the meeting Chair will arrange for the recording of the closed or executive session. The City Clerk shall maintain the verbatim recordings of all closed sessions of the City Council and all subsidiary public bodies of the city.
   (C)   In addition to the recordings of the closed or executive sessions, the City Clerk shall keep minutes of all closed meetings in accordance with the Open Meetings Act, ILCS Chapter 5, Act 120, §§ 1 et seq.
   (D)   Review of closed or executive session minutes must be completed every six months. Minutes shall be reviewed in closed or executive session and shall not be released unless the City Council finds that it is no longer necessary to protect the public interest or the privacy of an individual by keeping it confidential. Minutes of closed or executive sessions shall be kept indefinitely.
   (E)   The audio recordings of closed or executive sessions shall be maintained for 18 months after the closed or executive session occurred and shall not be released to the public unless such a release is required by a court order or specifically authorized for release by a vote of the City Council. Members of the City Council may listen to the closed or executive session recordings in the presence of the City Clerk. Copies of such recordings will not be made or provided to anyone unless specifically authorized by the City Council.
   (F)   The City Clerk is hereby authorized to destroy the audio and video recordings of those closed sessions for which:
      (1)   The City Council have approved the minutes of the closed or executive sessions whether the minutes have been released or not;
      (2)   More than 18 months have passed since the date of the closed or executive session;
      (3)   There is no court order requiring the preservation of such recordings; and
      (4)   The City Council has not passed a motion requiring the preservation of the verbatim recording of that meeting.
(Ord. 2013-12, passed 9-16-2013)
§ 31.41 ELECTRONIC ATTENDANCE POLICY.
   (A)   Policy statement. It is the policy of the City Council that any member of the City Council may attend and participate in any meeting of the Council by "other means" defined as, by video or audio conference, provided that such attendance and participation is in compliance with this policy and any other applicable laws.
   (B)   Prerequisites. A member of the City Council may attend a meeting electronically, by other means, if the member meets the following conditions:
      (1)   A quorum of the Council is physically present throughout the meeting; and, at least five affirmative votes of the members of the corporate authority physically present, votes to approve the electronic attendance of the meeting.
      (2)   The Council member requesting to attend remotely should notify the City Clerk at least 24 hours before the meeting so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for remote attendance.
      (3)   The member must assert one of the following three reasons why he or she is unable to physically attend the meeting:
         (a)   The member cannot attend because of personal illness or disability; or
         (b)   The member cannot attend because of employment purposes or the business of the Council; or
         (c)   The member cannot attend because of a family or other emergency.
      (4)   At the meeting, the City Clerk shall inform the Council Members physically present of the request for electronic attendance.
   (C)   Voting procedures. After a roll call establishing that a quorum of at least five corporate members are physically present, the Mayor shall call for a motion, that a Council member may be permitted to participate electronically after specifying the reason entitling the absent member to participate electronically. All of the Council members physically present are permitted to vote on whether electronic attendance will be allowed. The motion must be approved by at least five members of the corporate authority that are physically present.
   (D)   Adequate equipment requirement. The Council member participating electronically, and all other members of the Council must be able to communicate effectively, and members of the audience attending the meeting must be able to hear all communications. Before approving electronic attendance at any meeting, the City Council shall provide equipment adequate to accomplish this objective.
   (E)   Minutes. Any member participating electronically shall be considered an off-site participant and counted as present electronically for that meeting if the member is allowed to participate. The meeting minutes shall also reflect and state specifically whether each member is physically present or by electronic means.
   (F)   Rights of remote member. A member permitted to participate electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the City Clerk and placed in the minutes for the corresponding meeting. A member participating electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning.
(Res. 2020-06, passed 3-16-2020)