ORDINANCE
[To Adopt an Electronic Meeting Policy to Allow City Councilors to Participate in City Council Meetings “Remotely” Under Certain Circumstances.]
WHEREAS, §36-25A-5.2 of the Code of Alabama, 1975, as amended provides that the City Council of the City of Prattville may allow its Councilors, when unable to be physically present at the meeting due to illness, to participate in the City Council meetings “remotely” by means of electronic communications (such as a telephone or video conference) under certain circumstances; and
WHEREAS, said statute requires the City Council to adopt a policy, at least 45 days before the first meeting the council uses electronic means of communication as described above, which details the procedures and communications equipment that will be used, how the public may access the meeting and how voting will be conducted.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville while in regular session starting on or after April 19, 2024, as follows:
Section 1. One or more Councilors of the City Council may participate in a City Council meeting by means of electronic communications equipment, provided that both of the
following are fulfilled:
(a) No less than a quorum of Councilors are physically present at the physical location of the meeting; and
(b) The Councilors participating by means of electronic communications are unable to be physically present at the meeting due only to their illness. “Illness” is defined as a disease or period of sickness affecting the body or mind such that physical presence at a Council Meeting is not advised by a licensed medical doctor. A Councilor participating by electronic means shall further certify that he or she is not under the influence of any medications that would impair their judgment for purposes of attending the meeting, considering and voting on matters.
Section 2. A Councilor that participates in a Council meeting by means of electronic communications shall be deemed to be present for all purposes, except for the establishment of a quorum.
Section 3. A Councilor that wishes to participate by electronic means must provide actual written notice to the City Clerk at least twenty-four (24) hours in advance of the Council meeting so that appropriate arrangements can be made in advance of said meeting. At the time of the notice, the Councilor will provide appropriate information on how/where the Councilor can be reached for the purposes of participating in the meeting.
Section 4. At the commencement of the City Council meeting, the City’s audio, computer and/or telephone equipment at the City Council meeting location will be used to ensure that all Councilors participating in the meeting can hear one another at the same time and can be heard by the members of the public who are in physical attendance at the meeting.
Section 5. The public may access the Council meeting through physical attendance at the meeting. In addition, if the City Council meetings are recorded for later broadcast, then the City’s audio, computer and/or telephone equipment will be used to ensure that the Councilor(s) participating by electronic means can be heard by the members of the public who are viewing the meeting through the recording (unless unexpected technical difficulties interfere with/or prevent the same).
Section 6. Any vote taken at a City Council meeting where one or more Councilors are participating through electronic means shall be taken as a roll call vote that allows each Councilor to vote individually.
Section 7. A Councilor participating in a Council meeting by electronic means may not serve as the presiding officer of that meeting.
Section 8. If a Councilor’s participation by electronic means is interrupted by problems with the related electronic communications equipment and/or its connection, then the meeting shall be temporarily suspended or recessed in order to allow City personnel to make reasonable attempts to restore the participation.
Section 9. Notwithstanding anything in this Ordinance to the contrary, a Councilor may not participate in a Council meeting by electronic means in the event that the presiding officer of the Council meeting (who is in physical attendance at the meeting) determines that technical difficulties/issues preclude that Councilor from participating as set forth in this Ordinance (although such a determination may be overruled during that meeting by a majority vote of those Councilors in physical attendance at the meeting).
Section 10. If the electronic communications equipment referenced in this Ordinance fails or is in any way interrupted during a Council meeting, that failure shall not be grounds to challenge any action taken during the meeting.
THIS Ordinance shall become effective upon its passage and execution as provided by law. Each of the provisions of this Ordinance is severable; if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force. All Ordinances, or parts of Ordinances, in any manner, conflicting herewith are hereby repealed.
ADOPTED THIS 5TH DAY OF MARCH, 2024.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 5TH DAY OF MARCH, 2024.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2024, PAGE 003