Ordinance 19-05(A) Amending HCC Re: Council Member Telephonic Participation

CITY OF HOMER
HOMER, ALASKA

Erickson

ORDINANCE 19-05(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE 2.08.100-2.08.120 REGARDING TELEPHONIC PARTICIPATION IN MEETINGS

WHEREAS, Telephonic participation in City Council meetings is an important tool that allows members to participate when traveling or unable to be physically present; and

WHEREAS, Telephonic participation for travel for work or absence due to an illness should be prioritized over recreational travel; and

WHEREAS, In person is the preferred method for participation in meetings as it can be difficult to follow the public testimony and debate by voice only; and 

WHEREAS, Every effort should be made to ensure a quality connection by the councilmember and City staff when participating telephonically such as testing the connection prior to the meeting, using a headset, and using a land line whenever possible; and

WHEREAS, Even given those measures, on occasion a telephonic connection can be spotty and interfere in the members ability to participate in the meeting; and

WHEREAS, The Council needs to have a mechanism in place declare the member absent if it becomes clear throughout the course of the meeting that the telephonic connection is too poor for the member to be able to fully participate.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Homer, Alaska that:

Section 1. Homer City Code 2.08.100 entitled “Teleconference participation in meetings” is hereby amended to read: 

2.08.100 Teleconference participation in meetings.

a. This section through HCC 2.08.120 govern the telephonic participation of the Mayor and members of the Council at all meetings of the City Council, including all other bodies that are comprised of the Mayor and members of the Council, such as, but not limited to, the Board of Adjustment and an Ethics Board.

b. The preferred procedure for City Council meetings is that the Mayor and all Council members should be physically present at the designated time and location within the City for the meeting. However, physical presence may be waived and the Mayor and any member(s) may participate in a Council meeting by teleconference, subject to the procedures and limitations provided in this section through HCC 2.08.120.

c. A person participating by teleconference shall, while actually on the teleconference, be deemed to be present at the meeting for all purposes. The person shall make every effort to participate in the entire meeting. If at any time during the meeting the person is unable to participate due to a poor telephonic connection, they may terminate the call and the record will reflect that the member was not able to participate in the entire meeting.

d. If the Mayor participates telephonically, the Mayor may vote telephonically to break a tie as permitted in HCC 2.08.040(h), but the Mayor Pro Tem, or the senior Council member in the Mayor Pro Tem’s absence, shall preside over and perform all other functions of the Mayor at the meeting.

e. “Teleconferencing” means a means used for remote participation by an official for a meeting of the City Council which must enable the remote official, for the duration of the meeting, to clearly hear the Mayor, all Council members, the City Clerk and public testimony and to be clearly heard by the Mayor, all Council members, the City Clerk and the public in attendance. [Ord. 16-58(A) § 1, 2017; Ord. 07-45(A)(S) § 1, 2007. Code 1981 § 1.24.100].

2.08.110 Teleconference procedures.

a. A Mayor or Council member who cannot be physically present for a regularly scheduled Council meeting shall notify the City Clerk at least five days prior to the scheduled time for the meeting of his or her request to participate in the meeting by telephonic means of communication. The notification shall include information regarding if the physical absence and request for telephonic participation is due to vacation, work or medical. 

b. Three days prior to the scheduled time for the Council meeting, the City Clerk shall notify the Mayor and Council of the person’s request to participate by teleconference including the reason for the physical absence as given by the member.

c. At the commencement of the Council meeting a telephonic connection will be established with the person or persons intending to participate telephonically. After a telephonic connection is established the Mayor shall call for a vote of the Council on whether the person(s) may or may not participate by telephone. Prior to the vote, the Mayor or Council members may make such inquiries as necessary to make a decision. Only the Council members physically present may vote on the question. The Council’s determination is final and not subject to veto or appeal. If a person participates in the meeting telephonically without a ruling from the Council, it shall be deemed to be with the approval of such participation by the Council, and all actions taken by the Council with the participation of all such persons are valid.

If telephonic participation is interrupted due to poor connectivity that hinders the active participation of a member in the meeting the Mayor will request a brief recess to allow the person an attempt to reestablish a connection.  If the person cannot reestablish a clear connection after a recess, the Mayor shall call for a vote of the Council on whether to terminate telephonic participation.  Prior to the vote, the Mayor or Council members may make such inquiries as necessary to make a decision. If a majority of the council votes to terminate telephonic participation, the record will indicate such and the member participating telephonically shall not be called upon to comment or vote. The Council’s determination is final and not subject to veto or appeal.

d. Subsections (a) and (b) of this section do not apply to special meetings or emergency meetings of the City Council called under HCC 1.14.030 and 1.14.050. A Council member or Mayor who requests to participate in a special or emergency meeting of the City Council must notify the City Clerk before the time scheduled for the start of the meeting. The Clerk will notify the Mayor and Council no later than the commencement of the meeting. After a telephonic connection is established with the person or persons requesting to participate telephonically, a ruling shall be made on the person’s participation in the meeting as provided in subsection (c) of this section.

e. The means used for a teleconference meeting of the City Council must enable each member appearing telephonically to clearly hear the Mayor, all other Council members, and public testimony at the meeting as well as be clearly heard by all other Council members and members of the public in attendance.

f. The City Clerk shall note in the journal of the proceedings of the City Council all members appearing telephonically.

g. To the extent practicable, materials to be considered by the Council shall be made available to those attending by teleconference. [Ord. 07-45(A)(S) § 2, 2007. Code 1981 § 1.24.110].

2.08.120 Teleconference – Limitations.

a. All Council members and the Mayor should make all reasonable effort to be physically present for every meeting. Teleconference procedures may not be used as a regular means of attendance at meetings.

b. Participation by teleconference may be denied whenever the physical presence of the individual is considered essential to effective participation in the meeting or to the proper conduct of the business to be addressed at the meeting.

c. If teleconferencing is denied the individual will be listed as absent.

d. Each Council member and the Mayor may attend a maximum of three two City Council meetings by teleconference during the 12-month period commencing November 1st each year for any reason, including recreational travel. If a member participates in any part of a regularly scheduled meeting telephonically, it will count towards their maximum allowable telephonic participations.

e. Each Council member and the Mayor may attend additional teleconferences as a special exception if expressly approved for good cause in each instance by a vote of the Council. Good cause may include, but is not limited to, absence required for  work related travel or extended medical care needed for the individual or the individual’s immediate family.

f. No Council member or the Mayor shall attend by telephonic means:

1. An executive session of the City Council.

2. A hearing on an ethics charge under Chapter 1.18 HCC. [Ord. 07-45(A)(S) § 3, 2007. Code 1981 § 1.24.120].

Section 2.  This ordinance shall take effect upon its adoption by the Homer City Council.

Section 3.  This ordinance is of a permanent and general character and shall be included in the Homer City Code.           

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this __ day of ________, 2019.

CITY OF HOMER

__________________________
KEN CASTNER, MAYOR

ATTEST:

___________________________
MELISSA JACOBSEN, MMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

Introduction:
Public Hearing:
Second Reading:
Effective Date:

Reviewed and approved as to form:

__________________________                                           __________________________

Katie Koester, City Manager                                      Holly Wells, Attorney

Date: _____________________                                         Date: _____________________