Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library:
. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.
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Effective January 1, 2007, local governments may allow members of public bodies which are subject to the Open Meetings Act to attend meetings from remote locations by way of electronic audio or video communications, under certain circumstances. The law requires the corporate authorities of the local government to adopt rules governing the process. Ancel Glink has developed model rules which can be adopted by resolution or ordinance by any unit of local government. A similar set of model rules has been developed by the Illinois Municipal League, and is available on the IML Web site
. Below is the Ancel Glink model. More information is available on our Web site at
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Section 1. |
Policy Statement. It is the policy of the [Local Government Entity] that any member of the [Corporate Authority] may attend and participate in any open or closed meeting of the [Corporate Authority] from a remote location via telephone, video or internet connection, provided that such attendance and participation is in compliance with this policy and any other applicable laws. |
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Section 2. | Prerequisites. A member of the [Corporate Authority] may attend a meeting from a remote location if the member meets the following conditions, a quorum is physically present throughout the meeting, and a majority of a quorum of the [Corporate Authority] votes to approve the remote attendance:
(a) The member should notify the [Clerk/Secretary/COO] at least 24 hours before the meeting so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for remote attendance.
(b) The member must assert one of the following three reasons why he or she is unable to physically attend the meeting,
(1) The member cannot attend because of personal illness or disability; or
(2) The member cannot attend because of employment purposes or the business of the [Local Government Entity]; or
(3) The member cannot attend because of a family or other emergency. |
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Section 3. | Voting Procedures. After a roll call establishing that a quorum is physically present, any member present may move that a member be permitted to participate remotely, specifying the reason entitling the absent member to participate remotely. All of the members physically present are permitted to vote on whether remote participation will be allowed. The motion must be approved by a vote of a majority of the quorum. |
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Section 4. | Adequate Equipment Required. The member participating remotely and other members of the [Corporate Authority] must be able to communicate effectively, and members of the audience must be able to hear all communications. Before approving remote attendance at any meeting, the [Corporate Authority]shall provide equipment adequate to accomplish this objective. |
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Section 5. | Minutes. Any member participating remotely shall be considered an off-site participant and counted as present by means of video or audio conference, for that meeting if the member is allowed to participate. The meeting minutes shall also reflect and state specifically whether each member is physically present, present by video, or present by audio means. |
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Section 6. | Rights of Remote Member. A member permitted to participate remotely will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The remote member shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any remote member shall be called during any vote taken, and his or her vote counted and recorded by the [Clerk/Secretary] and placed in the minutes for the corresponding meeting. A member participating remotely may leave a meeting and return as in the case of any member. |
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Section 7. | Meetings. The term meeting as used herein refers to any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means
of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purposes of discussing public business. |
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Section 8. | Closed Meetings. A quorum of the [Corporate Authority] must be physically present at any closed meeting. Members participating remotely shall otherwise be entitled to participate in closed meetings by video or audio conference, in the same manner as at an open meeting. |
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Section 9. | Committees, Boards and Commissions. This policy shall apply to all committees, boards and commissions established by authority of the [Corporate Authority]. However, when remote attendance is possible only by audio connection, and an off- site member will be unable to view visual exhibits or demonstrations which may influence a decision by the committee, board or commission, remote attendance should not be approved. |
This policy is effective this ___ day of ______, 2007.
