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Home My WebLink AboutOrdinance No. 2701-2013Suggested by: Council Member Gabriel CITY OF KENAI ORDINANCE NO. 2701 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 1.15.130, TELEPHONIC PARTICIPATION, TO REDUCE THE REQUIREMENT OF ADVANCED NOTICE TO AT LEAST SIX HOURS PRIOR TO THE START OF A MEETING AND INCREASE THE NUMBER OF MEETINGS UNDER PARAGRAPH (N) TO FOUR. WHEREAS, Kenai Municipal Code 1. 15.130 provides the procedures and requirements for Council Member telephonic participation in meetings of the Council; and, WHEREAS, Kenai Municipal Code 1.15.130(c) currently requires that a Council Member's request for telephonic participation be made in writing and "if reasonably practicable, at least seven (7) days prior to a council meeting, but not less than forty eight hours in advance... "; and, WHEREAS, notifying the Clerk's Office in any clear manner, including by telephone, of a request to participate telephonically in a council meeting is reasonably sufficient for such purposes, and the Clerk's Office can keep the necessary written or electronic records for telephonic participation needs; and, WHEREAS, while Council Members should provide as much notice as possible regarding the need to participate in a council meeting telephonically, providing at least six hours notice prior to a meeting allows the clerk sufficient time to provide notice to other Council Members and to provide any needed electronic documentation to the Council Member(s) that will be attending telephonically; and WHEREAS, reducing requirements for Council Member telephonic participation in council meetings as provided in this ordinance will allow for more Council Member participation without negatively impacting the process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: 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: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2701 -2013 Page 2 of 4 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) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. (c) The member shall notify the Clerk's Office in writing as soon as reasonably practical [AND THE PRESIDING OFFICER, IF REASONABLY PRACTICABLE, AT LEAST SEVEN (7) DAYS PRIOR TO A COUNCIL MEETING,] but not less than six (6) hours prior to the start of the council meeting [FORTY -EIGHT (48) HOURS IN ADVANCE OF A MEETING ]that the member proposes to attend by telephone. Such notification shall [BE PROVIDED IN WRITING (FACSIMILE AND /OR ELECTRONIC TRANSMISSION INCLUDED),] 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 other document transmission service. Failure to provide the notification [IN WRITING AND] within the period of time provided herein shall result in the member's exclusion from attendance of a council meeting through telephonic participation. [UPON WRITTEN NOTIFICATION OF THE MEMBER(S) WISHING TO PARTICIPATE TELEPHONICALLY (WITHIN THE ALLOTTED TIMEFRAME), T] 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. (1) 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2701 -2013 Page 3 of 4 (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 (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 [TWO (2)] meetings by teleconference during the twelve (12) month period starting November 1st of each year. (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 member's immediate family. (p) 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. (c� Council members are responsible for any telephone long distance and /or back- up material transportation 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. Telephone long distance and /or back -up material shipping charges may be deducted from the member's monthly stipend. 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(fl, this ordinance shall take effect 30 days after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2701 -2013 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. PAT PORTER, MAYOR ATTEST: 7 Sand odigh, City Clerk Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: June 15, 2013 New Test Underlined; [DELETED TEXT BRACKETED] u "Villaye 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: Council Member Brian Gabriel DATE: April 25, 2013 SUBJECT: Telephonic Participation Ordinance No. 2701 -2013 Ordinance 2701 -2013 is intended to reduce current notification requirements and increase participation levels of the Mayor and Council Members while traveling. Currently, municipal code 1.15.130(c) requires that the Mayor or Council Members request for telephonic participation be made in writing and "if reasonably practicable, at least seven days prior to a council meeting, but not less than 48 hours in advance." This requirement is burdensome and does not allow for flexibility or account for unforeseen circumstances. The City Clerk's office has indicated that three hours advance notice allows ample time to notify the Mayor and other Council Members through email as well as prepare the Council Chambers for telephonic participation. With the exception of medical reasons, the current code allows for two meetings in a 12 month period that may be participated in telephonically. This ordinance does not increase the number of instances that a member would be allowed to participate telephonically. Your consideration is appreciated. YAOrdinances & Resolutions \Ordinances \Ordinance No. 2701 -2013 Memo 042513 Gabriel.docx