[R.O. 2011 §2-16; Ord. No. 3002 §1, 3-18-2002]
A.
The
Board of Aldermen of this City shall meet in regular session in the
Board room of the City Hall at the hour of 6:00 P.M on the second
and fourth Tuesday of each month.
[Ord. No. 3488, 8-23-2021]
B.
If
the regular meeting shall fall on a holiday, the regular meeting shall
be held at 6:00 P.M. on the following Thursday.
[Ord. No. 3488, 8-23-2021]
C.
A regular
meeting may be rescheduled on any date, for any reason, upon approval
by the Board of Aldermen.
D.
On
days Salem R-80 Schools close due to inclement weather, all scheduled
Board of Aldermen and other City meetings will be canceled. The Mayor,
with the approval of the President of the Board of Aldermen, has the
authority to cancel or postpone meetings due to emergencies and inclement
weather.
[Ord. No. 3436, 1-6-2020]
[R.O. 2011 §2-17; Code 1977 §24.020; Ord. No. 3011 §1, 10-7-2002]
A.
Special
meetings may be called by the Mayor or by any two (2) members of the
Board by written request filed with the City Clerk who shall thereupon
prepare a notice of such special meeting stating time, place and object
thereof, which notice shall be served personally upon each member
of the Board or left at his/her usual place of residence at least
twenty-four (24) hours before the time of the meeting, excluding weekends
and holidays. It shall also be the duty of the City Clerk, immediately
upon receipt of the request for the meeting, to make diligent effort
to notify each member of the Board in person, either by telephone
or otherwise, of such special session.
B.
Failure
to comply with the requirements of this Section shall not invalidate
any action taken at a special meeting of the Board of Aldermen.
[R.O. 2011 §2-18; Code 1977 §24.030]
A quorum of the Board of Aldermen shall consist of a majority
of the full membership (including vacancies and the Mayor of the City).
[Ord. No. 3311 §1, 3-7-2016]
A.
Policy Statement. While it is legally permissible
for members of the City's public governmental bodies to attend meetings
and vote via video conference transmission, a member's use of video
conference 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
attendance is unavoidable after exercising due diligence to arrange
for physical presence at the meeting. The primary purpose of attendance
by video conference connection should be to accommodate the public
governmental body as a whole to allow meetings to occur when circumstances
would otherwise prevent the physical attendance of a quorum of the
body's members. A secondary purpose of attendance by video conference
should be to ensure that all members may participate in business of
the public governmental body that is emergency or highly important
in nature and arose quickly so as to make attendance at a regular
meeting practically impossible. 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.
B.
Video Conference Defined. For purposes of this Section
"video conference" or "videoconferencing" shall refer to a means of
communication where at least one (1) member of a public government
body participates in the public meeting via an electronic connection
made up of three (3) components: (1) a live video transmission of
the member of the public governmental body not in physical attendance;
(2) a live audio transmission allowing the member of the public governmental
body not in physical attendance to be heard by those in physical attendance;
and (3) a live audio transmission allowing the member of the public
governmental body not in physical attendance to hear those in physical
attendance at a meeting. If at any time during a meeting one (1) or
more of the elements of a video conference becomes compromised (i.e.,
if any participants are unable to see, hear, or fully communicate)
then the video conference participant is deemed immediately absent
and this absence should be reflected in the minutes. A video conference
participant's absence may compromise a quorum in which case the applicable
Missouri laws shall take effect regarding a broken quorum.
C.
Frequency Of Use Of Video Conference Attendance. A member of a public governmental body shall not attend more than two (2) meetings via video conference in a rolling twelve-month period. In keeping with the policy stated in Subsection (A) above, attendance via video should only occur sparingly and for good cause. Such good cause shall be at the discretion of the member seeking to attend by video conference, but shall be for significant reasons such as serious illness or injury of the member or a member of his or her immediate family, including father or mother, spouse, sibling, child, or grandchild.
D.
Physical Location. Members of the public may not
participate in a public meeting of a governmental body via video conference.
The public wishing to attend a meeting and elected officials not participating
via videoconferencing of a 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, and a camera and microphone so that the
member(s) 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 meeting in accordance with rules of meeting decorum. The communication
equipment at the physical location of the meeting must allow for all
meeting attendees to see, hear, and fully communicate with the videoconferencing
participant.
E.
Voting. Elected members of a public governmental body attending a public meeting of that governmental body via video conference are deemed present. As indicated in Subsection (B) above, if any component of the video conference communication fails during the meeting, the member attending the meeting by video conference 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 video conference attendance are again restored and the video conference participant's presence is again noted in the minutes.
F.
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 vote to close the meeting, all members
of the general public shall not be present. 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.
G.
Minutes. In the meeting, whether in open or in closed
session, the minutes taken should reflect the member, if any, participating
via video conference; the members in physical attendance; and members,
if any, absent.
H.
Emergency Meetings. In the event that emergency
circumstances create impossibility for the members of a public governmental
body to physically attend the body as a whole, members may meet, and
if necessary vote, by video conference. 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 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.
[R.O. 2011 §2-19; Code 1977 §24.040]
In case that a lesser number than a quorum shall convene at
a regular or special meeting of the Board of Aldermen, the majority
of the members present are authorized to direct the Chief of Police
or other City Officer to send for and compel the attendance of any
or all absent members upon such terms and conditions and at such time
as such majority of the members present shall agree.
[R.O. 2011 §2-20; Code 1977 §24.045]
All adjourned meetings of the Board shall, to all intents and
purposes, be continuations of the meetings of which they are adjournments,
and the same proceedings may be had at such adjourned meetings as
at the meeting of which they are adjournments.
[R.O. 2011 §2-24; Code 1977 §24.065]
Except as otherwise provided by law or ordinance, the proceedings
of the Board of Aldermen shall be controlled by Robert's Rules of
Order, as revised.
[R.O. 2011 §2-25; Code 1977 §24.070]
The Presiding Officer of the Board of Aldermen shall preserve
decorum and shall decide all questions of order subject to appeal
to the Board of Aldermen. Any member may appeal to the Board from
a ruling of the Presiding Officer upon a question of order. If the
motion for an appeal is seconded, the member making the appeal may
briefly state his/her reason for the same and the Presiding Officer
may briefly express his/her ruling, but there shall be no debate on
the appeal and no other member shall participate in the discussion.
The Presiding Officer shall then put the question to vote as to whether
the decision of the Chair shall be sustained. If a majority of the
members present vote "aye", the ruling of the Chair is sustained;
otherwise, it is overruled.
[R.O. 2011 §2-26; Code 1977 §24.075]
Every member of the Board shall vote upon every question and
when requested by any member the vote upon any question shall be taken
by "ayes" and "nays" and recorded, provided that no member shall be
required to vote when to do so would create a conflict of interest.
[R.O. 2011 §2-27; Code 1977 §24.080]
No member of the Board of Aldermen may leave the Board Chamber
while in regular or special session without permission from the Presiding
Officer.
[R.O. 2011 §2-30; Code 1977 §24.100]
Any member of the Board of Aldermen shall have the right to
express dissent from or protest against any ordinance or resolution
of the Board and to have the reason therefor entered upon the journal.
Such dissent or protest must be filed in writing and presented to
the Board of Aldermen no later than the next regular meeting following
the date of the passage of the ordinance or resolution to which objection
is taken.
[R.O. 2011 §2-35; Code 1977 §24.180]
The Board of Aldermen may by resolution prescribe and enforce
such rules as it may find necessary for the expeditious transaction
of its business, but such rules shall not contravene the requirements
of this Code or other ordinance.
[R.O. 2011 §2-36; Code 1977 §24.190]
The Board of Aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to
any subject under consideration in which the interest of the City
is involved, and shall have power to call on the proper officers of
the City, or of the County in which such City is located, to execute
such process. Such officer (other than a City Officer) shall receive
therefor such fees as are allowed by law in the Circuit Court for
similar services, to be paid by the City. The Mayor or Acting President
of the Board of Aldermen shall have power to administer oaths to witnesses.
[R.O. 2011 §2-37; Code 1977 §24.200]
Any rule of the Board of Aldermen may be repealed, altered or
amended by a majority vote of the members. Every amendment offered
shall lie on the table until the next meeting of the Board of Aldermen
before being voted upon except by the unanimous consent of all elected
members of the Board of Aldermen (including the Mayor). Any rule may
be suspended by a majority vote of the members of the Board, or quorum
being present by unanimous consent.
