§ 150.140. Videoconference Meeting Policy., Article I. In General, Chapter 150. Open Meetings and Records, Government Code, Code of Ordinances, Frontenac

Meetings Using Videoconference Technology.

Policy Statement. While it is legally permissible for members of the City's public governmental bodies to attend meetings and vote via videoconference transmission, a member's use of videoconference attendance should occur only sparingly. Because it is good public policy for citizens to have the opportunity to meet with their elected officials face to face, elected members of a public governmental body should endeavor to be physically present at all meetings unless videoconference attendance is unavoidable, after exercising due diligence to arrange for physical presence at the meeting.

The primary purpose of attendance by videoconference connection should be to accommodate the public governmental body as a whole to allow meetings to occur when circumstances would otherwise prevent a physical attendance of a quorum of the body's members.

A secondary purpose of attendance by videoconference should be to ensure that all members may participate in business of the public governmental body.

Except in emergency situations, all efforts should be expended to ensure that a quorum of the members of the public governmental body be physically present at the normal meeting place of the body.

Videoconference Defined.

For purposes of this Section "videoconference" or "videoconferencing" shall refer to a means of communication where at least one (1) member of a public governmental body participates in the public meeting via an electronic connection made up of two (2) components:

A live audio and video transmission allowing the member of the public governmental body not in physical attendance to be seen and heard by those in physical attendance; and

A live audio and video transmission allowing the member of the public governmental body not in physical attendance to see and hear those in physical attendance at a meeting.

If the member of the public governmental body not in physical attendance becomes unable to see and hear the meeting or the members of the governmental body in physical attendance become unable to see and hear the member not in physical attendance, then the videoconference participant is deemed immediately absent, and this absence should be reflected in the minutes. A videoconference participant's absence may compromise a quorum in which case the applicable Missouri laws shall take effect regarding a broken quorum.

Frequency Of Use Of Videoconference Attendance. In keeping with the policy stated in Subsection (A) above, attendance via videoconference should only occur sparingly and for good cause.

Such good cause shall be at the discretion of the Board at the request of a member seeking to attend by videoconference.

At the commencement of a meeting of a public governmental body, the attendance of a member by videoconference shall be taken up for disclosure and consideration of the good cause for the absence of the member, and a vote taken to approve the attendance via videoconference. The vote of the member attending by videoconference shall be included. The minutes of the meeting shall record the vote on attendance of the meeting via videoconference.

Physical Location. Members of the public may not participate in a public meeting of a governmental body via videoconference. The public wishing to attend a meeting, and elected officials not participating via videoconferencing of the meeting, shall participate at the physical location where meetings of the public governmental body are typically held, or as provided in a notice provided in accordance with the Sunshine Law. The public governmental body shall cause there to be provided at the physical location communication equipment consisting of an audio and visual display, a camera and a microphone so that the members of the public governmental body participating via videoconferencing, the members of the public governmental body in physical attendance, and the public in physical attendance may actively participate in the meaning in accordance with rules of meeting to quorum. The communication equipment at the physical location at the meeting must allow for all meeting attendees to see, hear, and fully communicate with the videoconferencing participant.

Voting. Elected members of a public governmental body attending a public meeting of that governmental body via videoconference are deemed present for purposes of participating in a vote, including a roll call vote, to the same extent as elected members of a public governmental body in physical attendance at a public meeting of that governmental body are deemed present. As indicated in Subsection (B) above, if any component of the videoconference communication fails during the meeting, the member attending the meeting by videoconference whose connection failed shall be deemed absent immediately upon such failure, and, if the public governmental body was in the act of voting, the voting shall stop until all of the components of videoconference attendance are again restored and the videoconference participant's presence is again noted in the minutes or the member's remote attendance is terminated or abandoned. If the connection with the member attending the meeting by videoconference fails during the voting process and before the results are announced, the member's vote, if any, is nullified and shall not be counted.

Closed Meetings. In a meeting where a member of a public governmental body is participating via videoconferencing and the meeting goes into a closed session, all provisions of Missouri law and City ordinances relating to closed sessions apply. Upon the public governmental body's initiation of a closed meeting, all members of the general public not required for purposes of the closed meeting and invited to attend by the public governmental body shall be excluded. Likewise, a member of a public governmental body participating via videoconferencing must ensure there are no members of the public present at their location to see, hear, or otherwise communicate during the closed session. The member must also take all reasonable precautions to guard against interception of communication by others. Failure to ensure the requirements of this Subsection may result in corrective action by the full public governmental body in accordance with City regulations.

Minutes. In the meeting, whether in open or in closed session, the minutes taken should reflect the member(s), if any, participating via videoconference, the members in physical attendance, and members, if any, absent.

Emergency Meetings And Quorum. In addition to the provisions of Section 110.050, in the event that emergency circumstances prevent the members of a public governmental body to physically attend, the body may meet and vote by videoconference without the requirement that a quorum be physically present in the same place. Examples of such emergency circumstances include, but are not limited to, war, riot, terrorism, widespread fire, or natural disaster, such as earthquake, tornado, hurricane, flood, or blizzard. To the extent reasonably possible in such circumstances, the public governmental body shall use reasonable efforts to cause a physical location to be provided for public attendance and participation. The nature of the emergency shall be recorded in the minutes. If no emergency exists, a quorum of the public governmental body shall be physically present at the physical location for which notice of a meeting is provided.