Ordinance 2003-65 STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2003 -
AN ORDINANCE AMENDING
TITLE ONE, CHAPTER FIVE, SECTION TWO OF THE
CITY CODE OF THE UNITED CITY OF YORKVILLE TO ALLOW TELEPHONE
CONFERENCE VOTING BY AN ALDERMAN
WHEREAS,the demands of modern life have made required long-distance travel more
common,while at the same time the issues facing municipal legislators are more serious,
numerous and urgent than ever before; and
WHEREAS, current technology has made it possible for public debate to be held by
telephone conference calls in such a way that an absent Alderman can fully and publicly
participate in a debate and vote on an issue, and the Illinois Attorney General has opined that
such a teleconferenced presence is generally consistent with the structure of the Open Meetings
Act; and
WHEREAS,the current United City of Yorkville regulations as codified in Title One,
Chapter Five, Section Two do not provide for the possibility of an Alderman to vote by
teleconference call in appropriate circumstances; and
WHEREAS,the United City of Yorkville possesses full authority to regulate the conduct
and procedures of its City Council Meetings; and
WHEREAS,the City Council and Mayor find that there are circumstances where
allowing a Alderman absent from a regular Council Meeting to debate and vote on an issue
pursuant to a conference telephone call is in the interest of the public; and
WHEREAS, the City Council has duly considered the recommendation to amend Title
One, Chapter Five, Section Two of the City Code of the United City of Yorkville concerning the
telephone conference voting by an Alderman; and
NOW THERE UPON MOTION DULY MADE, SECONDED, AND APPROVED BY A
MAJORITY OF THOSE CITY COUNCIL MEMBERS VOTING, TITLE ONE, CHAPTER
FIVE, SECTION TWO OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE IS
AMENDED AS FOLLOWS:
PARAGRAPH D:
Any matter requiring a roll call vote at a regular meeting of the City Council may be
voted on by an absent Aldeman via a conference telephone call between the absent Alderman and
the rest of the Council present at the regular meeting under the following conditions:
I. The absent Alderman cannot be physically present at the regular meeting
at which the matter is put to vote.
2. The absent Alderman's voice on the conference telephone call, 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
pen to the media, and the absent Alderman shall also be able to hear any
public comment regarding the issue elicited at the meeting, if any,before
the vote is taken.
3. Prior to voting, the Alderman shall publicly state the reason for not being
present at the regular meeting to vote in person.
4. That no more than three (3) Aldermen shall be permitted to vote via a
conference telephone call at any public meeting.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this Z ` i day of
�q V < , 2003.
PAUL JAMES _ MARTY MUNNS _ V
RICHARD STICKA WANDA OHARE
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this LJ'' day of ti#t�z�ti� , A.D. 2003.
;�Z7 'IZ7
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of Q,4 A.D. 2003.
Atte .
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This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500