2020-07-20 - Ordinance 2020-054 - ADDING SECTION 2.02.230 TO THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTY, ILLINOIS RELATING TO ELECTRONIC ATTENDANCE AT MEETINGS BY CORPORATE AUTHORITIES ORDINANCE NO. 2020 - 054
AN ORDINANCE ADDING SECTION 2.02.230 TO THE MUNICIPAL CODE OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTY, ILLINOIS RELATING
TO ELECTRONIC ATTENDANCE AT MEETINGS BY CORPORATE AUTHORITIES
WHEREAS, the Illinois Open Meetings Act, defines a "meeting" to mean "Any
gathering, whether in person or by video or audio conference, telephone call, electronic
means (such as, without limitation, electronic mail, electronic chat and instant
messaging), or other means of contemporaneous interactive communication, of a majority
of a quorum of the members of a public body held for the purpose of discussing public
business,"and it permits attendance of members of the public body at public meetings by
a means other than physical presence; and,
WHEREAS, the Village of Buffalo Grove, Cook and Lake County, Illinois is a
municipality governed by the statutes of the State of Illinois, and is empowered by the
Illinois Open Meetings Act to permit attendance by a means other than physical presence;
and,
WHEREAS, to permit attendance by a means other than physical presence, the
Village of Buffalo Grove must adopt rules that conform to the requirements and
restrictions of the Open Meetings Act, as noted at 5 ILCS 120/7; and,
WHEREAS, the corporate authorities of the Village of Buffalo Grove desire and
find that it is in the best interests of the Village of Buffalo Grove to permit attendance of
members of the public body by means other than physical presence in compliance with
the Open Meetings Act; and,
WHEREAS, the corporate authorities of Village of Buffalo Grove find that it is
necessary that any existing ordinances, resolutions or policies be amended to conform
with the term "meeting" to include electronic gatherings as defined in Section 120/1.02 of
the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTY,
ILLINOIS, as follows:
Section 1 . That the findings made in the prefatory recitals made above herein this
Ordinance are hereby adopted and approved by the Village President and Board of
Trustees, and said prefatory recitals set forth above are incorporated herein as part of
this Ordinance.
Section 2. Section 2.02.230 of Title 2, Chapter 2.02 (Section 2.02.230) —
Electronic Attendance at Meetings, Hearing, of the Municipal Code of the Village of
Buffalo Grove, Cook and Lake County, Illinois, is hereby added to said Code, to read as
follows:
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2.02.230 ELECTRONIC ATTENDANCE AT MEETINGS. The
following are the rules relating to the electronic attendance at meetings by corporate
authorities:
(A) Electronic Attendance at Meetings Rules. The Villa e of Buffalo Grove
hereby adopts the following rules for electronic attendance at meetings, that permit a
member of the public body to attend any meeting of a public body as defined in the Open
Meetings Act via electronic means. Any member of the corporate authorities of the Village
of Buffalo Grove IL may attend any open or closed meeting of the Village of Buffalo Grove
via electronic means such as by telephone, video or internet connectionprovided that
such attendance is in compliance with these rules and applicable laws. The word
"meetin as used in the Code shall mean and be the same as it is defined in the Illinois
Open Meetings Act, and as may be thereafter amended.
(B) Prere uisites. A member of the corporate authorities of the Village of
Buffalo Grove may attend a meeting electronically if the member meets the followin
conditions:
1) A quorum is physically present throughout the meeting: and, a majority of
the members present votes to a rove the electronic attendance at the
meeting.
2) The member should notify the Deputy Village Clerk at least one day before
the meeting, unless impractical, in which case as soon as practical, so that
necessary communications equipment can be arranged. Inability to make
the necessa technical arrangements will result in denial of a re uest for
electronic 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 disabilit
or
b) The member cannot attend because of his or her employment
purposes or because of the business of the Village of Buffalo Grove•
or
c) The member cannot attend because of a family or other emergency.
4) The Deputy Village Clerk, after receiving the electronic attendance request,
shall inform the other corporate Authorities of the request for electronic
attendance.
(C) Voting Procedures. After a roll call establishing that a quorum is physically
present, the presiding officer shall call for a motion that a member may be permitted to
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attend the meeting electronically after specifying the reason entitling the absent member
to attend electronically. The motion must be approved by a vote of a majority of the
members piresent.
(D) Adequate Equipment Required. The member participating electronically
and the other members of the corporate authorities must be able to communicate
effectively, and members of the audience must be able to hear all communications at the
meeting site. Before allowing electronic attendance at any meeting, the corporate
authorities shall provide equipment adequate to accomplish this objective at the meeting
site.
(E) Minutes. Any member attending electronically shall be considered an off-
site attendee and counted as present ,electronically for that meeting. The meeting
minutes shall also reflect and state specifically whether each member is ph Lsically
present or present by electronic means.
(F) Rights of Remote Member. A member permitted to attend 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 and adhered to, including both open and closed
meetings, except that a member may attend a closed meeting via an internet connection
or landline telephone connection but not by cellular phone. The member attending
electronically shall be heard considered and counted as to any vote taken. Accordin I
the name of any member attending electronically shall be called during any vote taken,
and his or her vote counted and recorded by the Village Clerk and placed in the minutes
for the corresponding meeting. A member attending 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. A member attending electronically at a
meeting shall be paid per the Village Code as if he or she had physically attended said
meeting.
(G) These re uirements are in addition to those contained in Public Act 101-
0640.
Section 3. This Ordinance shall be in full force and effect immediately upon its
passage, approval and publication in pamphlet form as provided by law.
Section 4. In the event that any section, clause, provision, or part of this ordinance
shall be found and determined to be invalid by a court of competent jurisdiction, all valid
parts that are severable from the invalid parts shall remain in full force and effect.
Passed and adopted by the President and Board of Trustees of the Village of
Buffalo Grove, Illinois, this 20th day of July, 2020.
AYES: 6 — Stein Ottenheimer, Weidenfeld Johnson Smith., Pike
NAYES: 0 - None
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ABSENT: 0 - None
PASSED: July 20, 2020
APPROVED:July 20, 2020
PUBLISHED:JULY 21 2020
AP ROVED:
everly Suss i age President
!ATTEST:
Jane ' abian, Village Clerk
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