ORD 2020-14 Adopted 0 0
ORDINANCE NO. 2020-14
AN ORDINANCE TO ALLOW A PROCEDURE FOR THE CITY
COUNCIL PLANNING COMMISSION BOARD OF APPEALS AND
ALL AGENCIES OF THE CITY THAT CONDUCT PUBLIC MEETINGS
TO CONDUCT SUCH PUBLIC MEETINGS ELECTRONICALLY
DURING TIMES OF A DECLARED STATE OF EMERGENCY.
WHEREAS, recent events have required that the City Government conduct
certain public meetings electronically,in the present case as a result of the COV ID-19 pandemic;
and,
WHEREAS, by way of an emergency Ordinance adopted by Mayor and
Council at the April 6, 2020 City Council meeting, a procedure was established to provide for
the conducting of meetings electronically; and,
WHEREAS,the Ordinance adopted at the April 6,2020 meeting was adopted
as an emergency Ordinance that automatically expires on the sixty-first (61')day following the
passing of same by the Council; and.
WHEREAS, the Mayor and Council believe that in person, public meetings
are preferable and desirable and that is the method by which the City should conduct business
whenever possible; and
WHEREAS, the City Council is hopeful that there will not be a need or
necessity in the future to conduct electronic meetings, but is aware that circumstances could
necessitate such electronic meetings;and
WHEREAS, the City desires to be prepared for all circumstances related to
the conducing of the business of the City.
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:
I. That during times of emergency with a declaration of emergency that
includes the City of North Augusta, by the Governor of the State of
South Carolina or a declaration/proclamation of emergency by the
Mayor for the City of North Augusta, that public meetinV may be
conducted electronically,at the direction of the Mayor. Such meetings
would be conducted as follows:
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 meetings, whether telephonic,broadcast
video, computer-based, or other electronic media, or any combination of
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these, and the conduct of the electronic meetings, 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 purpose 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 restriction,
provide that in wither 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.
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Section 2. Suspension of Local Provisions. During the period of
effectiveness of this Ordinance,providing for electronic meetings,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. This ordinance shall become effective
immediately upon its adoption on second and final reading.
Section 4. Codification. This ordinance shall be included in the Code of
Ordinances for the City of North Augusta in Section 2 Division 1.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
S DAY OF Sine. , 2020.
First Reading: MAy 18A696
U
Second Reading:Tulle, 1 aoao ROBERT A.Pe IT,MAYOR
ATTEST:
4"4-K,, ay"KA t�
SHARON LAMAR,CITY CLERK