Emergency Ordinance 2020-01 EMERGENCY ORDINANCE 2020- 1.
AN ORDINANCE TO BE ADOPTED AS A RESULT OF THE DECLARATION BY THE
GOVERNOR OF A STATE OF EMERGENCY IN SOUTH CAROLINA AND PROVIDING FOR
A PROCEDURE TO ALLOW THE CITY COUNCIL,PLANNING COMMISSION,BOARD OF
APPEALS AND ALL AGENCIES OF THE CITY THAT CONDUCT PUBLIC MEETINGS TO
CONDUCT SUCH PUBLIC MEETINGS ELECTRONICALLY.
WHEREAS,on March 13,2020,Governor Henry McMaster issued Executive Order No.2020-08
related to 2019 Novel Coronavirus ("COYID-19')and declared that a State of Emergency exists in South
Carolina;and
WHEREAS,on March 15, 2020,the Centers for Disease Control and Prevention issued guidance
recommending the suspension of large events and mass gatherings that consist of 50 people or more in
order to slow the spread of COVID-19;and
WHEREAS, while it is imperative for local government to continue to operate during States of
Emergency, it is equally imperative for local governments to take steps to minimize the need for large
gatherings in order to protect public health and safety and the health and safety of local government officials
and staff;and
WHEREAS,the South Carolina Freedom of Information Act,which is codified at Title 30,Chapter
4 of the Code of Laws of South Carolina 1976, as amended, (the `Act") defines a "Meeting" as "the
convening of a quorum of the constituent membership of a public body, whether corporal or by means of
electronic equipment,to discuss or act upon a matter over which the public body has supervision, control,
jurisdiction or advisory power"(emphasis added);and
WHEREAS, due to the State of Emergency related to COVID-19, it is advisable to make
provisions for the holding of electronic public meetings, while ensuring any electronic meeting fully
complies with the open meeting requirements of the Act;and
WHEREAS,the Act furtherpermits that emergency meetings of public bodies may be held without
having provided twenty-four hours'notice of such meeting;and
WHEREAS,South Carolina law provides that cities and counties may enact emergency ordinances
to meet public emergencies affecting life,health,safety or the property of the people upon a single reading,
provided that such ordinance does not levy taxes,grant,renew or mend a franchise or impose or change a
service rate, upon the affirmative vote of at least two-thirds of the city or county council present, and
provided that such emergency ordinance shall expire automatically on the sixty-first day following its
enactment; and
WHEREAS,it is hereby determined that a public emergency affecting life,health,and safety does
exist,and therefore,it is appropriate and necessary to conduct an emergency meeting in order to enact/adopt
this Emergency Ordinance.
NOW THEREFORE,BE IT ORDAINED in this meeting of the Mayor and City Council
of the City of North Augusta, South Carolina,in meeting duly assembled and by the authority thereof,
that:
Section 1. Standards for Electronic Meetings. The public bodies of the City are hereby
authorized to conduct public meetings exclusively in electronic form, provided the medium for such
meeting, whether telephonic, broadcast video, computer-based, or other electronic media, or any
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combination of these, and the conduct of the electronic meeting, allows for the following standards and
practices to be met:
(a) At the beginning of any electronic meeting,the presiding officer shall poll the members of
the Public Body to confirm attendance,and any member of the Public Body attending by way of electronic
media shall be considered present for the purposes of constituting a quorum.
(b) Throughout the duration of the electronic meeting,all members of the Public Body,as well
as any officials or staff required to speak at such meeting, must have the capability to be heard at all times
by any other member of the Public Body and by the general public.
(c) Any vote of the Public Body must be conducted by individual voice vote of the members
of the Public Body, who shall verbally. indicate their vote on any,matter by stating "yay" or"nay." All
individual votes shall be recorded by the clerk, secretary,or presiding officers, as appropriate.
(d) Meetings shall be recorded or minutes kept in the same manner as an in-person meeting as
required by the Act.
(e) All members of the Public Body,officials,staff,and presenters should identify themselves
and be recognized prior to speaking. Members of the Public Body shall strictly comply with the rules of the
Public Body as they relate to procedural matters in order to preserve order and allow for the effectiveness
of electronic meetings.
(f) Electronic executive sessions shall be permitted in accordance with the provisions of the
Act and the Public Body shall properly announce its reason for going into any executive session in
conformance with Section 30-4-70 of the Act. Upon the entry into any electronic executive session,meeting
minutes need not be kept and the electronic meeting utilized for such executive session may be held by(i)
a separate telephonic, broadcast video, computer-based, or other electronic media, or any combination of
these wherein the public shall not be permitted to participate, or (ii) on the initial telephonic, broadcast
video, computer-based,or other electronic media,or any combination of these, with the implementation of
necessary participation or listening restrictions, provided that in either instance all members of the Public
Body must have the capability to be heard at all times,
(g) With respect to any electronic meeting, any public comment periods provided for by local
ordinance, resolution, policy, or bylaws are hereby suspended. Members of the public may submit written
public comments which shall be distributed to the members of the Public Body.
Section 2. Suspension of Local Provisions. During the period of effectiveness of this
Ordinance,any ordinance,resolution,policy,or bylaw of the Public Body that conflicts with the provisions
hereof is suspended and shall be superseded hereby.
Section 3. Effective Date;Expiration. The provisions hereof shall be effective upon a single
hearing and two-thirds vote of the Mayor and City Council,and shall expire on the sixty-first day following
the effective date hereof.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, ON THIS (,' DAY OF ri 2020.
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ROBERT A. PETTJT,MAYOR
ATTEST:
/4/4411-nkd M1(441.11A2_
Si IARON LAMAR,CITY CLERIC
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