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HomeMy WebLinkAboutORDINANCE 2130-2005Suggested by: Councilman Joe Moore CITY OF KENAI ORDINANCE N0.2130-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 1.15.130 ENTITLED "TELEPHONIC PARTICIPATION," WHICH ALLOWS AND ESTABLISHES RULES FOR COUNCIL MEMBERS TO TELEPHONICALLY PARTICIPATE IN COUNCIL MEETINGS. WHEREAS, currently the Kenai Municipal Code does not allow for telephonic participation at Council meetings; and, WHEREAS, Alaska Statute 44.62.310(a) allows for telephonic participation by Council members at a Council meeting; and, WHEREAS, allowing telephonic participation by Council members would increase participation by allowing members to take part in meetings when work or family matters require their absence from Kenai; and, WHEREAS, limiting telephonic participation to two meetings in a twelve-month period would prohibit a member from abusing the ability to participate telephonically; and, WHEREAS, Alaskan communities such as the City of Soldotna, the City and Borough of Juneau, the Ketchikan Gateway Borough, the North Slope Borough, the City of Homer, the City of Wasilla and the City of Whittier allow telephonic participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.15.130 is enacted 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 members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least twenty-four hours in advance of a meeting that the member proposes to attend by telephone and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. Ordinance No. 2130-2005 Page 2 of 2 (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (fl 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. (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. (j) 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 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-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 two meetings by teleconference during the twelve-month period starting November 1 of each year. (o) Council members are responsible for any telephone long distance charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on city business merely by attendance at a Council meeting via telephone. PASSED BY THE COUNCIL OF THE CITY 0 ENAI ALASKA, this second day of November, 2005. ``~ x ~ ~ ,' r .~ PAT PORTS ,MAYOR ATTEST: d Carol L. Freas, City Clerk Introduced: October 19, 2005 Adopted: November 2, 2005 Effective: December 2, 2005 .~~\ ~_- the ltyof KENA~ SI(A „V ~~a e t vc"tit a Past Gi wi .9~ ~y t~ a F~t~re 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: gp7_Zg3-3014 www.ci.kenai.ak. us MEMORANDUM T0: Councilor Joe Moore FROM: ~' ~ Ca ry R. Graves, City Attorney DATE: October 28, 2005 RE: Telephonic Partici atio • p n in Executive Sessions You requested information re ardin • • . g g which communities allow tele honi ' ' ' executive sessions. The North Slope Borou h th p c participation in Borou h of g ~ e Ketchikan Gateway Borou h the Ci g Juneau allow telephonic artici atio g ~ ty and p p n for their meetings, includin exec ' sessions. g utive Soldotna, Homer, wasilla, Palmer a ' nd Fairbanks and the Kenai Penins telephonic participation at meetin s ula Borough allow . g ,but they have not yet had artici session. The clerks (except Fairbanks th p patron in an executive . ) ought it would be allowed un ' Fairbanks Clerk was not sure if it wo der their code. The uld be allowed for executive sessions in the Anchorage Clerk's office said • The person contacted telephonic participation was enerall not aware of a situation where there h . , g y allowed, but she was ad been telephonic partici ation in an • p executive session. The general concern about tele honic ' ' ' allow p participation at executive sessions is that a non-council members to listen in on the member could eliminated. meetings. That is a possibilit that ca However, section (1) of the ro osed o y nnot be tele honic p p rdinance does state that members a ' ' ' p ally should make sure the discussion ' p rticipating allowed to be in th in executive session is only audible b tho e meeting, y se Please let me know if you have an ue ' y q stions. CRG/sp l Municipality of Anchorage N For the Assembl co y, ncern has been that a majority would eventuall attend Y . by phone. Their regulatory and adjudicatory boards and commissions may not attend telephonically. Qther boards and commissions may. Co py attached. Cit of Wasilla Y Co of ro cedures attached North Slope Borough . N/Y Their code does no t address it, but they do allow attendance by teleconferencin g but a written re ~ quest is required. Copy Ci of Palmer attached. N City of Seward N Code does not ad dress, however a council member was allowed to attend a work session telephonically a few ears Y Cit of Soldotna a o. Y Co attached. Ci of Homer Y Co attached. Kenai Peninsula Borough N/Y Their code does n ' of address it, however the practice has been used to allow attendance. See attached email message from Borough Clerk Linda Mu h . If you're wanting to go forward with an ordinance, I'll be lad want to the g to help although you may ck unth Cary as he may have some additional informatio hel and interest. n that may be of P clf Attachments u~.,~ ,~'~`' Chapter 1.25 PUBLIC MEETINGS* 1.25.005 Definitions. Work session means a gathering of assembly or school board members for the purpose of obtaining information and discussing an announced to ic. p Members may attend telephonically. TITLE 4 BOARDS AND COMMISSIONS* Chapter 4.05 APPOINTMENTS, MEETINGS AND PROCEDURES 4.05.050 Compensation of members. E. Attendance at meetings. All members of boards and commissions appointed under this title shall be physically present at their res ective board r p o commission meetings to receive a stipend provided for by this section. 4.05.060 Attendance requirements; vacancies. F. Physical presence by a board or commission member is re uired to q constitute attendance at a regular or special public meetin of a re ulato • g g rY or ad~udicatory board or commission. Regulatory and ad'udicato boards . J ry and commissions are set forth in chapter 4.40. Written, tele honk or electr p onic communication shall not constitute attendance at a public meeting of a regulatory or adjudicatory board or commission. All other boards or commissions may allow attendance and full artici ation b p p y members using telephonic or video conferencing a ui ment or facilities. qp Carol Freas From: Jamie Newman [JNewman@ci.wasilla.ak.us] Sent: Wednesday, January 19, 2000 2:27 PM o: 'cfreas@ci.kenai.ak.us' ubject: information request Carol here is the information you requested regarding telephonic participation. Also, the city of Wasilla'has a deputy "me" and I make $33,050 (3 years of employment) and the clerk makes $54,340 (2 ears of employment), Y Let me know if I can be of further assistance. Thanks, Jamie Procedures Regulating Telephonic Participation. Pursuant to A.S. 44.62.310 (a) and further pursuant to A.S. 29.20.160 (f), the following requirements and procedures shall a 1 to authorize and implement the use of telephonic partici ation b pp Y members of the City Council or by members of the ub p Y a member or p lic at Council meetings. (A) Regardless of the particular technology used to telephonicall participate, the quality of the telephone connection and the uali Y volume of the voice amplification must be ade uate to q tY and hear the Council member artici atin q enable the public to P P g by telephone and to enable the Council member so participating to hear the comments of the public and other Counci members who are physically present at the meetin 1 (B) Council members wishing to artici ate t g p p elephonically must agree to pay for the direct costs (e.g., long distance phone charges for the telephone connection) of the telephone connection to authorize that Council member's participation, unless telephonic participation is necessar or desirable for purposes of an emergency or special meetin Y 'C) Documents and written materials considered b Co g ~gular Council meetin must be made av Y uncil members at a g ailable to the Council member participating telephonically in order to authorize the Council mem participating telephonically to vote on the issue o ber r subject presented for a vote by the Council. (D) Votes taken that include the vote of the Council member participating telephonically shall be taken by roll call so that the ublic may know the vote of each person entitled to vote. p (E) Telephonic participation is authorized only under circumstances where the Council member so participating cannot be physically resent despite reasonable and good faith effort to attend in erson. p (F) The procedures and requirements stated herein p may be relaxed or modified in the event that no other violation of law or ordinance is Great by such relaxation or modification and in the further events ed of: (1) circumstances that in the judgment of the Council members, including those participating telephonically, justify relaxation or modification of the procedures or requirements; and (2) four affirmative votes to relax or modify the procedures or requirements. .. ~ : ;,~L L~~• ~ ~~ ~ ~ ~L 1.1 ~ u ~ • ~ o~ rn ivun t n ~LUt'C tiUKOUGN-~ 90? 283 3014 ~ # 2~ 2 --- ......_.... ~~....~ ..~~~~ ~~~ ~iie~rnt~ersu~p 21 presiding officer, knov~rn as ~ yside n nt, to serve at the pleas ; of th assembly, .~ e ., SEC. 3.140 MEETINGS ~a~ The assembly shall meet rn regular sessions at least once each month, at such time and lac ' p e as rt shall prescribe by ordinanc e, (b) The assembly shall rescribe • P by ordinance the procedure f holding special meetin s, or g (c) All meetings of the assembly shall be public and the public shall have reasonable opportunity to be heard. The assembly may • Charter 13 recess a meeting or proceedin fort ~~ 9 he purpose of discussio or executjve SeSs)ons, limited tv i n rn closed is own inembershi and s persons as the assembl des) n p uch othe- y gates, to discuss and) litigation, or any matter t p h9 °- potential he ~rnmediate public k would adversely affect the ~ nowledge o f which finances of the boron or prejudice the ch 9h °r tend to defame aracter or reputation of an the general sub ect ma Y person, provided that j tter for consider - . called f anon rs expressed in the or such session, and that actlo motion the ass .n thereon shall not be to ernbly in executive session, hen by The mere discussion of e for p rsons or fi~anCeS shall not any executive session, be pause SEC, 3.110 pROHjBiTION S (a) Relationships with E mployees. The assembl recommend or direct the a oin Y shall not pp tment or removal of an employee of the borough admiral Y officer or b strat~on except as otherwi y this Charter, Except for th se provided assembl a purpose of inquiry, neither Y nor an individual assembl ma the private) or y n ~aY give, either public) Y~ ders on administrative mat Y or ters to a subordinate to mayor, the (b) Representation of Client. No assemblyman may represent any client before any borough dopartment or agency. SEC. 3.120 INVESTIGAT IONS (a) The assembly may in uir ' the bor q e rnto and investigate the a ough and the conduct of ffa~rs of any borough department o agency, For this ouroose it ~a~r~ w~..,, __.---... ~ ffice or A c ~~ TELECONFERENCE PROCEDURES ra~ciuli HCC 1.14.080 Teleconference meetings. The preferred rocedure for Cit C ' all Councilmembers s ~ p y ouncil meetings is that hould be physically present at the designated time and location wi ' for the meetin .However h sical thin the City • , g . , p y presence may be waived by the Council and a Councilmember may participate in a Council meeting by teleconference as provided in this cha ter whe ' opinion of the Council the h sical resen p • n in the p y p ce of the Councilmember is not essential to effective participation or the conduct of business at the meeting. A Councilmember artici atin teleconference shall be deemed to p p g by be present at the meeting for all purposes. In the ~ event the participates tele honicall the Ma or Pro Tem Mayor p Y Y or, in the Mayor Pro Tem s absence, the senior Councilmember shall run the meeting. HCC 1.14.085 Teleconference procedures. a. A Councilmember who canno ' are ularl sched ~ t be physically present for g y uled Council meeting shall notify the City Clerk at least five da s ' scheduled time for the meetin of his ante y pnor to the . g nt to appear at the meeting by telephonic means of communication. b. The City Clerk shall notify the Council three da s rior to the schedule ' meetin of Coun Y p d time for the Council g cilmembers intending to appear by teleconference. c. The Council shall determine whether or not the Councilmembers shall ' ' teleconf (,) participate by erence. If the Council determines that the teleconferencin is not re uired f business the Councilmembers sh ~ g. q or the conduct of () all be notified in the most expedient manner ossible. p d. Sections a. and b. of this section do not apply to s ecial meetin s or ' Ci Council called un p g emergency meetings of the tY der 1.14.030 and 1.14.050 of the Homer Cit Code. Counci a ear at a s ecial meetin Y /members may pp p g or emergency meeting by teleconference and be considered resen purposes unless the Ma or or the Councilmem ~ p t for all Y bers calling the special meeting or emer enc re uest the physical presence of Councilmembers in the advance notic g Y ~ e of the meeting. e. The Council may require that all Councilmembers a earin tele ho ' teleconference site w ~ pp g p nically present atone henever such presence is possible. f. The means used to facilitate a teleconference meetin of the Cit ' Council ~ g y Council must enable each member appearing telephonically to clearly hear all other Councilme the ublic attendin them tubers and members of p g eeting as well as be clearly heard by all other Councilmembers and members of the public. g. The City Clerk shall note in the journal of the proceedin s of the Cit ' Councilmembers a g y Council all City ppearing telephonically. (Ord. 99-17(A) section 1 and Reso. 99-86 sec 9127/99.) hon 1, http:l/www,xyz.net/~clerk/ccom.htm 02/22/2000 Carol Freas From: Cathy Check [citymgr2@alaska.net] ,,Sent. Fnday, January 21, 200012:34 PM ~o: cfreas@ci.kenai.ak.us Subject: (no subject) Carol, In answer to your two fax items, Palmer's code does not address teleconferencing for meetings. Re: CferklDeputy Clerk, Palmer once again has an odd situation in this area. The city manager is both managerlclerk. I know this probably isn't going to help you much but thought I'd better at least return the information the best I can. Hope to see you in Fbx. Cathy Carol Freas From: Mona Drexler [monalisa@co.fairbanks.ak.usj ~, ~~Sent: Tuesday, February 08, 2000 3:50 PM t o: cfreas@ci.kenai.ak.us Subject: Teleconferencing Carol; Sorry I have not replied to this before now. The Fairbanks North Star Borough does not allow teleconferencing right now for regular assembly meetings. They will be looking at it sometime in the future. Only one member of the assembly is interested in this issue. The logistics of trying to coordinate a teleconference and materials that the rest of the assembly may have and the one member would not have is one concern. The other is picking and choosing what issues a member may decide is important to participate in. Cost is another factor. our meetings average 5 hours in length. We have used conferencing for work sessions. That is acceptable in a small degree. Our municipal code does not allow for teleconferencing at present. Good Luck and let me know what you guys decide. Mona Lisa 1 ~n~Y l l CuuU 11U1Y UJ ~ u~ ill ~l ~ t ur wni l 11CK hHx NU. yU (4 (~Z404 P. 03 Page 2 of Ordinance 320.95 ~~~!Qn aDD NEW SECTION 2.06.045 P li N i f r A i ' ' • Hearin ,Advance ubli eauirina a Pu li _.___g p c notice of the Council agenda for all regular ands ecial m ' (except for recessed or continued p eet~ngs meetings) shall be posted at least five ~5) days in advance of the scheduled meeting in at least six public IaCes in th offices. A P e City, including the city gendas shall include notification of all matters on which the Coun ' take fine! action after cil plans to a public hearing. Supporting materials for such actions to h extent available and a matter of ublic rec ~ t e p ord, shall be available for inspection by the public during normal business hours. Provisions for advance public notice may be waived b the Council ' findi y only in the event of a ng by the council .that an emergency exists, together with a s a which the fi t tement of facts upon nd~ng of an emergency is based. e ion 6: Section 2.06.070 A nda -Order f Business. Amen - d item 9 to p-ov~de sub- parts, as follows; 9. Public Hearings (non-ordinance}; a, Contracts b. Real Property Acquisition or Dis oral p c. Other ~ ' n 7: Section Z,Ofi,070 ADD ITEN1(H} to read as follow ~ { s H, "New business" lMay Require a Public Hea-in befor ~ ' . 9 e final action is taken approving the expenditure of X5,000 or more). Section All other sections to remain unchanged by this ordinance, ' Se ; n ;This Ordinance shall become effective u on ado tion. p P PASSED AND APPROVED by a dul constitu ~ ~ ~ Y ted quorum of the City Council of whither, ~ Alaska on this day of ' 1995, ~ ATTEST: Debra Burnham, City Clerk n~werd Introduced By: ~~r• ~;S Introduction Date: Public Hearing; ~j ~ S' -o his Overbeck, Mayor AYES; NOES; ABSENT:~, AQSTAIN: