Ordinance 2008-007 Ordinance No. cxj%
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, REQUIRING A QUORUM PHYSICALLY
PRESENT AT A REGULAR MEETING AND ALLOWING ALDERMEN TO BE PRESENT BY
VIDEO OR AUDIO CONFERENCE
WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in
accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law;
WHEREAS, the Open Meetings Act, as amended, (5 ILCS 120/1, et. seq.), requires a quorum of
members of a public body to be physically present at a meeting, and allows the remaining aldermen to
be present via video or audio conference.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 1, Chapter 3, Section 2 of the United City of Yorkville Code of Ordinances is
hereby amended by the addition of the following new definitions:
MEETING: Any gathering, whether in person, 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 purpose of
discussing public business.
PUBLIC BUILDING: Any building or portion thereof owned or leased by any
public body.
Section 2. Title 1, Chapter 5, Section 2, Subsection D of the United City of Yorkville Code of
Ordinances is hereby deleted and replaced with the following:
D. A quorum of the city council must be physically present at the location of a regular
meeting of the city council. If however, the regular meeting of the city council is held
simultaneously at one of its offices and one or more other locations in a public building
through an interactive video conference, and the city council provides public notice and
public access as required under the Open Meetings Act for all locations, then aldermen
physically present in those locations all count towards determining a quorum.
Section 3. Title 1, Chapter 5, Section 2 of the United City of Yorkville Code of Ordinances is
hereby amended by the addition of Subsection E, which shall read as follows:
E. 1. If a quorum of the city council is physically present as required by Subsection D, a
majority of the city council may allow an alderman to attend the meeting by video or
audio conference if the alderman is prevented from physically attending because of:
a. Personal illness or disability;
b. Employment purposes or the business of the city council; or
c. Family or other emergency.
2. The absent alderman's voice on the video or audio conference, after being identified by
the rest of the council as belonging to the alderman, shall be simultaneously broadcast to the
public present at the regular meeting and then to the media, and the absent alderman shall
also be able to hear any public comment regarding the issue elicited at the meeting.
3. The alderman shall publicly state the reason for not being physically present at the regular
meeting.
4. No more than three (3) aldermen shall be permitted to vote via video or audio conference
at any public meeting.
Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this d6
day of `Q 2008.
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CA7��RK
ROBYN SUTCLIFF .� JOSEPH BESCO
GARY GOLINSKI , ARDEN JOSEPH PLOCHER 0-1
WALTER WERDERICH E X MARTY MUNNS CD
ROSE ANN SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a0
day of f£bP.a4gf -V 2008.
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MAYOR
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