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HomeMy WebLinkAbout2019-13Resolution 2019-13 Resolution Adopting a Policy Concerning Participation in Hearings by Electronic Means WHEREAS, due to advances in electronic communication technology, the General Assembly has, under the Virginia Freedom of Information Act, made available to municipalities the option of allowing members of public bodies to participate in meetings by means of either video or audio electronic communication; and, WHEREAS, Va. Code 2.2-3708.2 requires adoption of a written policy with an approval process by a public body for a member's participation in a hearing by electronic communication; and, WHEREAS, a written policy, as shown in Attachment A -Resolution 2019-13, entitled "Town Council Policy for Remote Electronic Participation in Meetings", affixed hereto and expressly made part of this resolution as if set forth herein, has been subject to review and comment by the Town Council of the Town of Pulaski, Virginia; NOW THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 16th day of April 2019, that the Town Council does hereby adopt the policy for Council member participation in meetings by electronic communication as shown in Attachment A -Resolution 2019-13 entitled "Town Council Policy for Remote Electronic Participation in Meetings", affixed hereto and expressly made part of this resolution as if set forth herein. This resolution is effective upon adoption and is hereby adopted this 16th day of April 2019 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn -Aye Brooks R. Dawson -Aye Gregory C. East -Aye ATTEST: z6,zzZ,2," David N. Quesenber Clerk of Council Joseph K. Goodman -Aye G. Tyler Clontz -Aye James A. Radcliffe -Aye Attachment A -Resolution 2019-13 Town Council Policy for Remote Electronic Participation in Meetings A. General Policy Statement It is the policy of the Town Council of the Town of Pulaski, Virginia that individual Council members may participate in meetings of Town Council by electronic means as permitted by Virginia Code § 2.2-3708.2. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. Whenever an individual member wishes to participate from a remote location, the law requires a quorum of the Town Council to be physically assembled at the primary or central meeting location, and there must be arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. When such individual participation is due to an emergency or personal matter, such participation is limited by law to two meetings of the public body per member each calendar year. B. Procedures for Electronic Participation A member may participate in a meeting through electronic communication means from a remote location that is not open to the public only as follows: An emergency or personal matter a. On or before the day of a meeting, the Council member shall notify the Mayor that the member is unable to attend the meeting due to an emergency or personal matter. The member must identify with specificity the nature of the emergency or personal matter. The member should also notify the Town Manager if the member is unable to attend a meeting due to an emergency or personal matter that prevents the member's physical attendance. b. A quorum of the Council must be physically assembled at the primary or central meeting location. Individual participation from a remote location by reason of an emergency or personal matter shall be automatically approved unless such participation would violate this policy or the provisions of the Virginia Freedom of Information Act. The Clerk of Council shall record in the Council minutes, the notation of automatic approval of the request; the specific nature of the emergency or personal matter giving rise to the request; and the remote location from which the absent member participated. If a member's participation from a remote location is challenged, then the Town Council shall vote whether to allow such participation. If the Town Council votes to disapprove of the member's participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. A member whose request for remote participation has been successfully challenged cannot meet the procedural requirements to participate in a meeting by electronic communication means. The member may still monitor the meeting by listening or watching by electronic communication means. However, the member cannot be counted as present and cannot make motions, vote or otherwise participate. Remote participation by the absent member due to an emergency or personal matter shall be limited in each calendar year to two (2) meetings. A temporary or permanent disability On or before the day of a meeting, the Council member shall notify the Mayor that the member is unable to attend the meeting due to a temporary or permanent disability or medical condition that prevents his or her physical presence. The member should also notify the Town Manager if the member is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance. b. A quorum of the Council must be physically assembled at the primary or central meeting location. The Clerk of Council shall record in the Council's minutes the fact of the disability or other condition and the remote location from which the absent member participated. 3. For any remote participation, the Town Council shall make arrangements for the voice of the absent member or members to be heard by all persons in attendance at the meeting location.