LEGISLATIVE ACTION ITEM
SPONSOR: City Council President Jewel Cannada-Wynn
SUBJECT:
title
DETERMINATION OF EXTRAORDINARY CIRCUMSTANCES ALLOWING FOR REMOTE / VIRTUAL ATTENDANCE AT COUNCIL AND BOARD MEETINGS.
end
RECOMMENDATION:
recommendation
That City Council make a determination of extraordinary circumstances allowing for remote / virtual attendance at Council and board meetings.
end
body
HEARING REQUIRED: No Hearing Required
SUMMARY:
Due to COVID-19, the Governor issued Executive Order 2020-69, which (1) suspended any Florida Statue that required a quorum to be present in person or requires a local government body to meet at a specific public place and (2) provided that Local government bodies could utilize communications media technology, such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes, to hold their meetings This allowed the City Council and other boards to hold their meetings remotely without the need for an in-person quorum.
On November 1, 2020 at 12:01 am, Executive Order 2020-69 expired. With this expiration comes the need to have an in-person quorum present at City Council and other board meetings. Attorney General Opinion 2003-41 states in part:
Thus, this office has concluded that, in the absence of a statute to the contrary, a quorum of the members must be physically present at a meeting in order to take action.
Where, as here, the statute or rules contemplate that the meeting will be held in a public place with the members physically present, this office has considered the participation of an absent member by telephone conference or other interactive electronic technology permissible when such absence is due to extraordinary circumstances such as illness…
Accordingly, it is my opinion that where a rule or statute contemplates that a meeting will be held in a public place with the members physically present, the participation of an absent member in the meeting by telephone conference should be permitted only in extraordinary circumstances and when a quorum of the board members is physically present at the meeting.
The Attorney General then states that the board must determine in its sound judgment whether a particular situation is an “extraordinary circumstance” that would allow the attendance of that member via technology.
Staff have received requests from members of boards to participate remotely due to either being in an at-risk group or while not in an at-risk group, due to fear of the possible contraction of COVID-19.
While we know that a physical quorum must be present, the question before City Council is making the determination as to what constitutes an extraordinary circumstance that would permit attendance remotely.
PRIOR ACTION:
March 20, 2020 - Governor issued Executive Order 2020-69, which expired November 1, 2020.
FUNDING:
N/A
FINANCIAL IMPACT:
None
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
1) AGO 2003-41
PRESENTATION: No