FEATURE ARTICLE
RICHARDJ. TARULlS
is a partner in the Naperville
law firm of Brooks, Adorns and
Tarulis, which represents about
a dozen park districts. He is
one or the featured speakers at
lAPD's November 17 Legal
Symposium in Oak Brook.
Tarulis can be reached at
630.355.2101.
What do you do when the budget vote is scheduled and a board member can't attend the meeting?
BY RICHARD J. TARUUS
The following resolution has been adopted by several park districts in DuPage County to allow a board member to attend a meeting by telephone. The policy is authorized by the Park District Code, which allows the adoption of reasonable rules for the conduct of meetings.
The author suggests that park boards adopt such a policy before it is needed. When an important meeting must be held by a certain date—such as to authorized a referendum or adopt an annual tax levy—but a quorum isn't available, the park district can suffer serious consequences. The policy cannot be adopted at a meeting that board members attend by telephone. It is also much more convenient to consider such a policy when there is no urgency to adopt it.
The policy should be monitored for abuse. It is not the intent of the policy to allow board members to call in from home when it's raining outside or when a hostile crowd is expected at the meeting. (That's why board member's get the "big bucks.")
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RESOLUTION 2000-01 A Resolution To Adopt a Procedure for Conduct of Meetings Via Electronic Means WHEREAS, the Board of Park Commissioners (the "Board") of the ABC Park District, XYZ County, Illinois (the "Park District") must meet on a regular basis in order to govern the Park District; and WHEREAS, members of the Board are periodically unavailable to attend meetings in person; and WHEREAS, the Board desires to adopt a policy to allow members to attend meetings by telephone or other electronic means; and WHEREAS, in order to comply with the Illinois Open Meetings Act, protect the integrity of the meeting, and prevent prejudice to any member of the Board or public, this policy shall govern the conduct of meetings of the Park District using electronic means. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Park Commissioners of the ABC Park District as follows: |
November/December 1999 /19
Resolution continued from page19
A Board member may attend a meeting without being physically present if the following conditions are met:
1. Public notice of the meeting and agenda must be given in accordance with the Open Meetings Act.
2. The Board member must notify the Secretary of the Board or Executive Director sufficiently in advance of the meeting to allow adequate time to prepare the meeting room. A minimum of 48 hours notice should be provided except for unexpected absences.
3. The non-present Board member must provide a telephone number where he or she can be reached, and must be available when contacted prior to the start of the meeting. The telephone of the non-present member must provide a clear connection, and be in a location with relatively no background noise. If other electronic means of communication are utilized, it must provide a clear audio connection with relatively no background noise. Board members may not participate by facsimile, electronic mail, or other means without audio connection.
4. The presiding officer of the meeting must be physically present at the meeting.
5. The presiding officer of the meeting must announce, prior to the roll call being taken, that one or more Board members are participating by speakerphone or other electronic means.
6. The non-present Board member(s) must answer the roll call, and state that he or she is unable to attend in person, and that he or she is willing and able to participate by speakerphone or other electronic means.
7. The non-present Board member(s) must be able to hear all comments made by other Board members, and from the audience if public comments are expected.
8. All Board members, and the public, must be able to hear the comments of the non-present member(s).
9. The non-present member(s) must have been provided, prior to the meeting, a copy of any documents to be considered, or else such documents shall be read verbatim or otherwise conveyed during the meeting.
10. All votes shall be taken by roll call.
11. Minutes shall be taken by a person who is physically present at the meeting.
Approved this __ day of_________, 2000.
ABC PARK DISTRICT
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President
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Secretary
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It is not the intent of the policy to allow board members to call in from home when it's raining outside or when a hostile crowd is expected at the meeting. |
20/ Illinois Parks and Recreation