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HomeMy WebLinkAbout21-252 - Face Mask Ordinance MAY 11, 2021 21-252 ORDINANCE FIRST READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND RULES PERTAINING TO COUNCIL, BOARD AND COMMISSION MEETINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY: TO PROVIDE FOR COUNCIL TO MEET IN PERSON; BOARDS AND COMMISSIONS TO MEET IN PERSON OR THROUGH REMOTE MEANS; AND TO SET FORTH RULES FOR REMOTE PARTICIPATION AT MEETINGS INITIATED BY: CITY ADMINISTRATION Whereas, the Common Council for the City of Oshkosh amended its rules pertaining to Council, Board and Commission Meetings by Ordinance 20-104 on March 24, 2020; Ordinance 20-185 on April 28, 2020; Ordinance 20-340 on August 12, 2020 and Ordinance 20-412 on October 13, 2020 to prevent exposure to and spread of the COVID- 19 coronavirus; and Whereas, the Common Council after further review desires to implement certain amendments to those rules to allow for in person and remote participation at Council meetings and meetings of Boards and Commissions as provided by these amended rules. Now, Therefore, the Common Council of the City of Oshkosh do ordain as follows: Notwithstanding any provision contained within the City of Oshkosh Municipal Code, Council Rules or Oshkosh Board and. Commission General Rules of Order the Council adopts the following rules and procedures: Council Meetings: Council will meet in person in the Council Chambers. Members of the public will be permitted to attend Council Meetings in person if the person wears a Face Covering. "Face Covering" as used in this ordinance means a manufactured or homemade covering of cloth or other material that completely covers a person's nose and mouth and that is secure and remains affixed in place without the use of one's hands. Face Coverings shall be secured with ear straps or otherwise tied so as to MAY 11, 2021 21-252 ORDINANCE FIRST READING CONT'D prevent slipping, fanning up or gaps in coverage. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks, disposable or paper masks, and scarves, provided that they are worn in such a way that completely and securely cover the person's nose and mouth. Face Covering does not include mesh coverings or coverings with holes, exhalation valves/vents or openings. Persons present within the Council Chamber will comply with the current social distancing requirements and recommendations as recommended by the CDC and Winnebago County Health Department. Persons who are unable or unwilling to comply with the requirements for Face Coverings and social distancing may not appear in person at Council Meetings but may appear remotely as provided in the Section governing Remote Meetings and Appearances below or provide written comments. Written comments for Council meetings may be sent via mail addressed to the City Manager, placed in the City Hall dropbox, or sent by email prior to the Council Meeting to citymgr@,)ci.oshkosh.wi.us. Persons requiring other reasonable accommodations as an alternative to any method identified on meeting agendas, may contact the office of the City Manager in regard to participation in the Council meeting at citymgrCa-)ci.oshkosh.wi.us or by phone 920-236-5002. Board and Commission Meetings: Boards and Commissions may determine by majority vote of those present and voting at any Board or Commission meeting, whether to conduct meetings in person or remotely. Due to logistical limitations in room assignments, technology and staffing, Boards and Commissions must conduct meetings either entirely in person or entirely by remote means (no "hybrid" meetings). In Person Board and Commission Meetings Members of the public will be permitted to attend Board and Commission Meetings in person if the person wears a Face Covering. "Face Covering" as used in this ordinance means a manufactured or homemade covering of cloth or other material that completely covers a person's nose and mouth and that is secure and remains affixed in place without the use of one's hands. Face Coverings shall be secured with ear straps or otherwise tied MAY 11, 2021 21-252 ORDINANCE FIRST READING CONT'D so as to prevent slipping, fanning up or gaps in coverage. Face Coverings include, but are not limited to,bandanas,medical masks, cloth masks, disposable or paper masks, and scarves, provided that they are worn in such a way that completely and securely cover the person's nose and mouth. Face Covering does not include mesh coverings or coverings with holes, exhalation valves/vents or openings. Persons present within Board and Commission Meetings will comply with the current social distancing requirements and recommendations as recommended by the CDC and Winnebago County Health Department. Persons are also encouraged as an alternative to appearance in person to submit written comments. Written comments for Council meetings may be sent via mail addressed to the appropriate Board or Commission, placed in the City Hall dropbox, or sent by email prior to the scheduled meeting to the Board or Commission. Contact information for Boards and Commissions is available on the City website: www.ci.oshkosh.wi.us. Written comments will be distributed to the Council/Board/Commission and made part of the public record of the meeting. Persons requiring reasonable accommodations to these rules may contact the staff liaison for the Board or Commission who shall work with the individual to provide appropriate accommodation as necessary. Remote o Meetings f Boards and Commissions Boards and Commissions may, as provided above, choose to conduct meetings solely by remote means. If a Board or Commission chooses to conduct meetings by remote means, then meetings shall be conducted as provided in the Section governing Remote Meetings and Appearances below. Remote Meetings and Appearances "Remote Means or Remote Participation" shall mean participation by a member of a public body or by a member of the public in a meeting of that public body, where the member is not physically present at a designated meeting location. Remote Participation includes by members of the public body or by the public through video, telephone, MAY 11, 2021 21-252 ORDINANCE FIRST READING CONT'D computer or other means where persons are permitted to view, listen to and participate in the meeting without having a physical presence at a defined physical meeting location. If a meeting is conducted solely by Remote Means and there is no physical meeting location or the public is otherwise excluded from being present at a physical meeting location, the public must be afforded an opportunity to live access the meeting and instructions shall be provided how to do so. This may include live broadcast or streaming, video or call-in participation, or other adequate means to provide live access to the public meeting. Where public comment or participation is required by law, adequate means must be provided to accommodate such participation. Staff shall work with members of the Council, Boards and Commissions to facilitate appearance by Remote Means as required or permitted by these rules consistent with the following: o Remote participation may be permitted in meeting rooms that have adequate audio, video and other technological facilities to allow for remote participation. o Persons wishing to participate by Remote Means should be advised via meeting agendas or other means that participation by remote means may be limited by number of participants and available technology, and may be disrupted by problems such as breakdowns of equipment and fluctuation or interruption of electric power or communications networks. The City of Oshkosh does not guarantee that even if persons have been afforded the opportunity to appear by Remote Means that telephone, computer, wifi or other connections will be sufficient or that the person will be guaranteed the ability to appear by this method. o In order to accommodate participation for the general public by Remote Means, a meeting link will be provided on the meeting agenda. For meetings where the public may participate by Remote Means, general public comment and public comment on all agenda items shall be taken at the beginning of the meeting, except as necessary to conduct Public Hearings or as may be accommodated at the direction of the Council, or Board or Commission. Public comment may be closed at the end of any public comment period and persons participating by Remote means shall not interrupt or disrupt the business of the governing body. MAY 11, 2021 21-252 ORDINANCE FIRST READING CONT'D o Persons wishing to provide public comment on agenda items either in person or by Remote Means for Council meetings must sign up to speak through the City's website or the Connect Oshkosh App and if participating remotely must participate through the City's meeting link as published on the meeting agenda. o Persons wishing to provide public comment through Remote Means must join the meeting at least 15 minutes prior to the start of the meeting to allow staff to test the audio/video set up. Attendees must stay muted when not speaking and are responsible for muting and unmuting themselves in a timely fashion when called upon to speak. o Each member of the public speaking must wait to be called upon by the Chair or appropriate staff person and must provide their name and address prior to speaking. o Every person participating by Remote Means must be audible through clear telephone line or computer connections. If a connection is not clear or causes disruption of the meeting, the connection may be terminated at the discretion of the Mayor or Presiding Member or their designee. If a connection is terminated and this causes the loss of a quorum, the meeting shall be adjourned and rescheduled to another date to permit consideration by a quorum. o All votes shall require a roll call vote —no "all in favor" o If meetings are conducted in person only, persons unable to comply with the Face Covering and/or social distancing requirements of these rules will be accommodated when reasonable. If accommodation through Remote Means is not reasonably possible, persons shall be informed as soon as practicable and provided with the opportunity to participate in person or through email or written correspondence. When practicable, public meetings will be made available live on GOV TV in the City of Oshkosh, live streamed on oshkoshmedia.org, live on WOCT radio station 101.9 fin, live through Roku, Apple TV and Amazon Fire Stick. When in the determination of the City Manager, it is reasonable and necessary to limit in person participation for the protection of the public, city officials and city employees; the City Manager may require remote participation in public meetings of the Council,Boards and Commissions in accordance with the rules set forth below for remote participation. MAY 11, 2021 21-252 ORDINANCE FIRST READING CONT'D All provisions of the City Ordinances, Council Rules and Commission General Rules of Order not specifically altered by these temporary rules shall remain in effect. This ordinance shall take effect immediately and shall remain in effect until altered or repealed by the Common Council. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #20-252 AMEND RULES PERTAINING TO COUNCIL, BOARD AND COMMISSION MEETINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY: TO PROVIDE FOR COUNCIL TO MEET IN PERSON; BOARDS AND COMMISSIONS TO MEET IN PERSON OR THROUGH REMOTE MEANS; AND TO SET FORTH RULES FOR REMOTE PARTICIPATION AT MEETINGS on May 11, 2021. The ordinance modifies ordinances and council, board and commission rules to require Council to meet in person and to allow Boards and Commissions for the City to determine whether they will meet in person or through remote means. Persons appearing in person at public meetings will be required to wear a face covering and social distance. The ordinance includes options and requirements for remote participation and provides a means for requesting reasonable accommodation if necessary. The full text of the ordinance may be obtained at the Office of the City Clerk, 21.5 Church Avenue and through the City's website at www.ci..oshkosh.wi.us. Clerk's phone: 920/236-5011. Oshkosh TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: May 6, 2021 RE: Amend Rules Pertaining to Council, Board and Commission Meetings in Response to COVID-19 Coronavirus Emergency: to Provide for Council to Meet in Person; Boards and Commissions to meet in Person or Through Remote Means; and to Set Forth Rules for Remote Participation at Meetings BACKGROUND The Council amended the rules pertaining to Council, Board and Commission Meetings by Ordinance 20-104 on March 24, 2020; Ordinance 20-185 on April 28, 2020; Ordinance 20-340 on August 12, 2020; and Ordinance 20-412 on October 13, 2020 to prevent exposure to and spread of the COVID-19 coronavirus. Previous versions allowed for remote participation by Council, board and commission members and the public, and gave the City Manager discretion to limit in person participation by requiring remote participation at Council, Board and Commission Meetings when reasonable and necessary for the protection of the public; council, board and commission members; and staff. At the April 20, 2021 organizational meeting, the Council gave direction to amend the current rules to require Council members to attend Council meetings in person and to allow the public to attend in person if they wear face coverings and comply with social distancing and to attend via remote means if they are unable to comply with the requirements related to face coverings or social distancing or if they choose to appear via remote means for other reasons. In addition, Council directed that the rules be amended to allow Boards and Commissions to make the determination individually for each Board or Commission whether to return to in person meetings or to continue to conduct meetings via remote means. ANALYSIS State law pertaining to open meetings and accommodation of the public allows Council to make reasonable rules governing meetings so long as governmental meetings comply with statutory requirements that meetings be held in places 'reasonably accessible' to members of the public. City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 hYlp://www.ci.osr)kosh.wi.us The Wisconsin Department of justice has longstanding advice that recognizes that governmental bodies typically can meet their open meetings obligations, by conducting meetings via telephone conference calls and video conference calls if the public is provided with an effective way to monitor such calls. In addition, when required by law to allow public comment (public hearings) and if a municipality generally permits public comment, the public must be provided reasonable accommodation under the Americans with Disabilities Act. The City provides several means by which this is accomplished. Persons may reach out to the Council, Boards and Commissions through the mail or through email. The City of Oshkosh also currently uses the WebEx system to allow for member and public participation remotely in meetings. In addition, if the meeting is televised live, the City provides live broadcast on GovTV in the City of Oshkosh, live streaming on oshkoshmedia.org, live broadcast on WOCT radio station 101.9 fm, and live through Roku, Apple TV and Amazon Fire Stick. The proposed ordinance is split into three sections: Council; Boards and Commissions; and Remote Meetings and Appearances. If adopted,the proposed ordinance will require Council Members to appear in person at Council meetings. Members of the public may appear in person if they comply with requirements for face coverings and social distancing. Members of the public would also have the option to appear through remote means as provided in the third section of the proposed ordinance. With regard to Boards and Commissions, the proposed ordinance allows each Board or Commission to vote by majority vote of the members present and voting at a meeting to determine whether they will. meet in person or through remote means. Because there are a variety of Boards and Commissions meeting at various times in various locations, the ordinance requires Boards and Commissions to choose either all in person or all remote meetings, unlike the hybrid option accommodated for the Council in the previous section. If Boards and Commissions determine to return in person, the members of the Board and Commission and public will be required to wear face coverings and to comply with social distancing requirements. However, because there may not be an option for remote appearance at these meetings, it should be noted that the public may need to be accommodated in relation to face covering requirements if that is requested as a reasonable accommodation. Persons will be directed to request reasonable accommodation through staff. Reasonable accommodation may include providing written comments, appearing by remote means if available for the particular meeting and location, permitting the person to speak out of order in the agenda to limit exposure within a meeting room or other means. The third section of the proposed ordinance contains the rules pertaining to remote participation which are consistent with current remote participation practices. Because conditions have been sometimes changing quickly, the proposed ordinance continues City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,W1 54903-1130 920.236.5000 hYlp://www.ci.osr)kosh.wi.us the section added in the prior version leaving the determination to the City Manager to allow for review of the most current conditions and promptly respond to those conditions as reasonable and necessary. Under this provision, the City Manager may limit in person participation at Council, Board and Commission Meetings when it is reasonable and necessary for the protection of the public; council, board and commission members; and staff in response to the COVID-19 emergency. As with past amendments, we have incorporated all current rules into the proposed ordinance rather than requiring someone who wishes to see the current rules to look at and piece together multiple amendments. FISCAL IMPACT There is no anticipated financial impact associated with these amendments. Respectfully Submitted, Approved: Jv Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,W1 54903-1130 920.236.5000 hYlp://www.ci.osr)kosh.wi.us