HomeMy WebLinkAboutOrdinance No. 2203-2006Suggested by: City Council
CITY OF KENAI
NO. 2203-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.15.130 ENTITLED, "TELEPHONIC PAR'I'ICIPATION" TO EMPHASIZE
R~SPONSIBILITIES OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC
PARl'ICIPATION OF A COUNCIL MEETING.
WHEREAS, Ordinance No. 2130-2005 was enacted and became effective on December
2, 2005 to pernut council member attendance to council meetings through telephonic
participation, allowing members to take part in meetings when work or family matters
require their absence fi-om Kenai; and,
Wf I~REAS, at the time of passage of Ordinance No. 2130-2005, the City Council
requested the ordinance be brought forward for review at the end of its first year of
codification; and,
WHEREAS, on August 19, 2006, Ordinance No. 2168-2006 was enacted and amended
Ordinance No. 2130-2005 by increasing the initial two meetings to four a year if the
Council Member or the member's immediate family member required the member to
Ue physically absent from more than one-half of the regular and special council
meetings within a three-month period due to the need for extended medical care and
treatment of the member or the inember's immediate family; and,
WHEREAS, at its December 6, 2006 meeting, the City Council reviewed the telephonic
participation ordinance and requested further amendments be written for
consideration which would emphasize responsibilities of the council member(s)
requesting telephonic participation of a council meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
AL,ASKA, that KMC 1.15.130 entitled, "Telephonic Participation" be amended as
described in Attachment A of this ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI~,,~LA KA, this 17th day of
January, 2007. ~ ~ ~
,. ~i' ~ °L-c~.~o~~..~
PAT PORTER, MAYOR
ATTEST:
~~~~ °~,~~,'
Carol L. Freas, City Clerk
Introduced: December 20, 2006
Adopted: January 17, 2007
Effective: February 17, 2007
1.15.130 Telephonic participation.
(a) A inember of the Council may participate via telephone in a Council
meeting, if the memUer declares that circumstances prevent physical
attendance at the meeting. If the Mayor chooses to participate via
telephone, the vice-mayor or president pro tempare shall preside.
(b) No more than the first two (2) members to contact the Clerk
regarding telephonic participation in a particular meeting may participate
via telephone at any one (1) meeting.
(c) The member shail notify Uie Clerk and the presiding officer, if
reasonably practicable, at least seven (7) davs prior to a council meeting,
but not iess than fortu-ei~ht (48) [TWENTY-FOUR (24)] hours in advance of
a meeting that the member proposes to attend by telephone, [ANDj Such
notification shail be provided in writin~ (facsimile and/or electronic
t~ansmission includedL state whether such telephonic participation is
pursuant to subsection (n) or (o), and shall provide the physical address of
the location, the telephone number, and any available facsimile, email, or
otner documenL transmission service. Failure to provide the notification in
writin~ and within the period of time provided herein shall result in the
member's exclusion from attendance of a council meetin~ throu~h
telephonic participation. Upon written notification of the member(s)
(d) At the meefing, the Clerk shall est~biish the telephone connection
when the call to order is iinminent.
(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. F7om time to time during the meeting,
the presiding officer shall confirm U~e com~ection.
(g) The meinber participaling 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
exqense.
Ordinance No. 2203-2006
Attachment A
' Page 1 of 2
(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 tiines shall be expressed in Alaska time regardless of the
time at the location of any member participating by telephone.
(k) Partieipation by telephone shall be allowed for regular, special and
work session meetings of the Council.
(1) Remarics by members participating by telephone sha11 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, "telephoi~e° means any system for
synchronous two-way voice communication. "Mayor" includes the vice-
mayor or any other member seiving as president pro tempore.
(n} Each Council member may attend a maz~imum of two (2) meetings
by teleconference during the twelve (12) month period starting November 1
of each year.
(o) A Council memUer may attend an additional iwo (2) meetings by
teleconference during a twelve (12) month period starting November 1 of
each year if the member declares that he/she is physically unable to
attend the meeting due to the need for extended medical care and
treatment of the member or member's immediate family.
(pj In this section, "irruuediate Pamily" 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 o~f the person's spouse.
(q) Council meinUers are responsible for any telephone long distance
and/or back-up material transportation charges incurred due to their
participation in a meeling via telephone uniess they are absent from the
community on City business. A Council member is not considered to be on
City business inerely by attendance at a Council meeting via telephone.
Telenhone lon~ distance and /or back-uo material shippin~ char~es mav be
deducted from the member's monthlv stipend.
Ordinance No. 2203-2006
~ Attachment A
Page 2 of 2
s,4''1~~~e ~c"~~ ~ ~~st Gi ~t~ ~ ~~~~~'e"
21d Fidalgo Avenue, ICenai, Alaska 99611-7794
Telephane: (907} 283-7536 / Fax: (907} 283-3014
www.ci.kenai.ak.us
FROM: Carol L. Freas, Ci Clerk
DATE: December 29, 2006
RE: ORDINANCE NO. 2203-2006, AMENDING KMC 1.I5.130 ENTITLED,
'"lELEPFPONIC PARTICIPATION" TO EMPHASIZE RESPONSIBILITIES
OF THE COUNCIL MEMBER(S) REQUESTING TELEPHONIC
PARTICII'ATION OF A COUNCIL MEETING.
In response to requests for additional information, the following has been prepared:
UERY RESPONSE
Number of times teleconferencing S\n~arner: i time
has been used (since 12/2/05, Moore: 1 time
effective date of initial ordinance): ~ldridge: 1 Lime
t3o le: 5 times
Cost to the City for delivery of
council materials: $511.61 (avera e of $34 for 15 FedEx sends)
Forwarding oflay-downs ~
materials: To date, via faz and email transmissions (u to be innin ~ of ineetln~). ~
Reimbursement costs billed to
eouneil meinbers for
teleconference calis: Total eosts: $443.95
Amounts remaining to be
reimbursed: $91.17
Teleconference call costs to the
Ci None.
HOW MANY MEETINGS MAY BE MISSED IN OTFIER MUNICIPALITIES?
City oi~ Homer Missing of three consecurive meetings, unless excused or, absencc from
the municipality for 90 consecutive days unlesa excused by Cowzeff
resolution. Council member must contact Clerk or Mayor ahead of'
time; Mayor excuses (except the 90-day absence); no limit on "excused"
absenees.
Kenai Peninsula Borough Missing of three consecutive meetings, unless excused; excused
absences granted from a regular assembly meering if the absence is due
to the conduct of borough business authorized by the assembly or the
president; excused absence may be granLed by the assembly or
assembl residentfor ersonalreasons.
City of Ketchikan If the mayor or any member of the council shall be absent from four
eonsecutive regtilar meetings oP tlie council, the council may deelare his I
office vaeant; and his office shall be automatieaily vacated if he is I,
absent from more than one-half of aR regular meetings held within any '.
six-month eriod. ~
City of Fairbanks No member shall absent himself from any mee[ing oL the city council
e3ccept for good and sufficient reason; A member may participate at any ~~~~~,
meeting of the cily council by teleconfereneing/ ''~,
~ videoconferencing if the member, cannot physically attend the meetlng; I
however, the member's physical absence shall not exceed 90 continuous
days for medicai eircuinstances and shall not exceed 30 days for non-
medieal eircumstances.
City of Seward In the event any member of the city council departs From the city witlz '~~~...
the intent of remaining absent for more than 90 days, or shall h2ve '',
Iailed to attend meetings of the council for a period of ninety ~
consecurive days, or shall have attended less than five of the meetings
of the council during any confinuous period of five months, the council
ma deelare the o[fice of such member vaeanL~.
Ciiy of Palmer Neither the mayor nor any member shall absent him or herseif froin any
meetin of the councll exce t for ood and sufficient reason.
City of Soldotna Absenk from the city for ninety consecutive days unless excused by the
city council; misses three consecutive re~ular meetings and is not
excused; iF a council member expects to be absent from a regular or
special meeting or expects to be absent Irom Soldotna. for ninety
conseculive days or more, the member shall give advance notice in
writing to the city clerk with a request for an excuse. If it is not
physically possible for the council member to make such a requcst in
advance of the absence due to serious illness or for some other reason
imgosing an equivalent obstscle, then the member sha.. apply to the
clerk in wrii~.ing'for an excuse on the firsY day it is possible for the
member to do so; upon receipt of a reques2 for a excused absence from
a council member, the clerk shall place the request on the agenda for
the next regular council meeting; excuses may be approved by a 2/3
vote of the council for personal business, serious illness or any other
good cause, buL no member shall be granted an excuse for any reason iY
the person has failed to request an excuse in writing; has missed more
than w5% o! the regular and special meetings held by the city council
during any past consecutive 12-inonth period; or will not be able to
attend at least 75% of the regular meerings of tl~e city councll during
an future consecutive 12-month eriod.
City of Wasilla If the member is physically absent from the city for ninety consecutive
calendar days unless excused by the council; if a member misses three
consecutive re ular meetin s unless exeused.
NOTE:
To better define whether a council member is requesting to participate telephonically
for a general reason or for medical reasons, please consider a motion to amend as
follows:
Move to amend KMC 1.15.130(c) by adding "..., state whether such telephonic
participatiott is pursuant to subsection (n) or (o)" after "....(facsimite and/or
electronic transmission included)..." in subsection (c).
The sentence would then read, "....Such notification shall Ue provided in writin~
(facsimile and/or electronic transmission includedL state whether such telephonic
participation is pursuant to subsection (n) or (o), and shall provide the physical
address of the location..."