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HomeMy WebLinkAboutOrdinance No. 2813-2015 SubstituteSuggested by: Council Member Navarre CITY OF KENAI SUBSTITUTE ORDINANCE NO. 2813 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 1.15.130- TELEPHONIC PARTICIPATION, TO INCREASE THE OPPORTUNITY FOR TELEPHONIC PARTICIPATION IN COUNCIL MEETINGS BY COUNCIL MEMBERS. WHEREAS, Kenai Municipal Code 1.15.130- Telephonic Participation, provides the procedures, limitations and requirements for Council Member's telephonic participation in Council meetings; and, WHEREAS, Kenai Municipal Code 1. 15.130 was last amended in May 2013, reducing the notice requirements and increasing the regular opportunity for telephonic participation from two meetings to four; and, WHEREAS, maximizing the opportunity for Council Member participation in Council meetings is in the best interest of the City; and, WHEREAS, allowing for up to three Council Members, to participate in a meeting telephonically is technologically feasible and provides for increased participation without unreasonably detracting from the quality of Council Meetings; and, WHEREAS, allowing more than three Council Members to participate telephonically in a special meeting when considering an emergency action is technologically feasible and may be necessary at times; and, WHEREAS, allowing for an additional number of telephonic participations when Council Members are unable to physically attend Council meetings due to travel on City business enables Council Members to conduct City Business without impacting their ability to participate; and, WHEREAS, allowing for an unlimited number of telephonic participations in special meetings and work sessions encourages participation; and, WHEREAS, allowing for an additional number of telephonic participations when needed for treatment for extended medical care of the Council Member or extended medical care or death of the Council Member's immediate family is reasonable; and, WHEREAS, it is necessary to clarify that telephonic participation counts towards a quorum and as attendance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: New Text Underlined; [DELETED TEXT BRACKETED] Substitute Ordinance No. 2813 -2015 Page 2 of 4 Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 1. 15.130 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1. 15.130 Telephonic participation, is hereby amended as follows: 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the Vice -Mayor or president pro tempore shall preside. (b) No more than the first [TWO (2)] three 3 members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate telephonically. (c) The member shall notify the Clerk's office as soon as reasonably practical, but not less than two (2) hours prior to the start of the Council meeting that the member proposes to attend by telephone. Such notification shall state the reason for IWHETHER SUCH] telephonic participation [IS PURSUANT TO SUBSECTION (N) OR (0),] and shall provide the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member's exclusion from attendance of a Council meeting through telephonic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion [AND] voting, constituting a quorum and attendance. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone at the member's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. 6) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that New Text Underlined; [DELETED TEXT BRACKETED] Substitute Ordinance No. 2813 -2015 Page 3 of 4 in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the Vice -Mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of four (4) regular meetings by teleconference during the twelve (12) month period starting November 1st of each year unless an exception provided below applies and any number of special meetings or work sessions. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended medical care and treatment or death of the member's immediate family. (p) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year when the member is traveling on Council approved City business. (c) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (r) In this section "City business" means anytime a member is traveling or in a location outside the City on behalf of the City or attending training as approved by Council and in compliance with the Council Travel Policy. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enacted. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2813 -2015 Page 4 of 4 A,7 � � (V) I Sar ra o igh, C Clerk Introduced: January 21, 2015 Enacted: March 4, 2015 Effective: April 4, 2015 New Test Underlined; [DELETED TEXT BRACKETED] "Viliaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Tim Navarre, Council Member DATE: January 15, 2015 SUBJECT: Ordinance No. 2813 -2015, Telephonic Participation This Ordinance primarily expands the opportunity for Council Members to participate in Council meetings when traveling on City business or attending to serious personal or family needs. It also clarifies and expands the ability of Council Members to attend more meetings telephonically in the following ways: 1. KMC 1.15.130 (b) is amended to allow three, instead of two, members to routinely participate in meetings telephonically. Additionally the changes would allow an unlimited number of council members to attend a special meeting to consider an emergency action, which is defined in a new subsection (r) to mean an action necessary for the immediate preservation of public peace, health or safety. While I don't anticipate these provisions to be used frequently, their availability may be critical at times. 2. Amendments to subsection (c) are necessary for consistency with other changes to the Ordinance but are otherwise not independently material. 3. Subsection (e) is amended to clarify that participating by telephone not only allows a member to vote and discuss matters, but also counts towards a quorum and attendance. 4. Attendance at special meetings and work sessions is exempted from the general limitation of only being able to attend four regular meetings telephonically through the proposed amendments in Subsection (n). This is likely a matter of clarification for work sessions for which the code is currently silent, and is reasonable for special meetings which can be called on short notice. 5. Amendments to Subsection (o) allow for telephonic testimony an unlimited number of times when the reason for the telephonic participation is travel on City business and either extended medical care or treatment for the Member or immediate family, or a death in the immediate family. Travel on City business is defined in Subsection (q) to include traveling outside the City on behalf of the City, including for City training or when a Council Member is in Juneau during a regular or special legislative session. Your consideration for this Ordinance is appreciated. "Villaye with a Past, Gi� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Tim Navarre, Council Member DATE: February 27, 2015 SUBJECT: Substitute Ordinance No. 2813 -2015, Telephonic Participation Substitute Ordinance No. 2813 -2015 incorporates the approved amendments made at the February 4, 2015 Council Meeting, and proposes the following additional changes: 1. Amend subsection (n) to recognize that additional meetings may be attended telephonically for the reasons provided in subsections (o) and (p). 2. Create new subsection (p) to allow for two more meetings to be attended telephonically when travel on Council approved City business. 3. Amend subsection (r) to modify the definition of "City business" to specify that it must be Council approved and in compliance with the Council's travel policy. 4. Renumber subsections as appropriate. 5. Amend WHEREAS clauses to remove references to unlimited telephonic participation. Your consideration of the substitute ordinance is appreciated.