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CITY OF MUSKEGON PROCEDURES FOR ELECTRONIC MEETINGS AND ATTENDANCE BY MEMBERS REMOTELY Introduction Public Act 228 of 2020 (the Act) amended Section 3 of the Open Meetings Act (OMA) and added Section 3a to the OMA to permit, in certain circumstances, public bodies to meet electronically and to permit members of those public bodies to participate in, and vote on, business before the public body remotely. The Act requires the public body, as defined in Section 2(a) of the OMA, being the City Commission, including all boards, commissions, committees, subcommittees, or authorities of the City of Muskegon, to establish procedures to ensure compliance with the requirements of the Act related to electronic meetings. The City Commission establishes the following electronic meeting procedures for itself and all of the public bodies of the City to comply with this statutory requirement. Circumstances Permitting Electronic Meetings and/or Remote Participation by Members Electronic meetings of City of Muskegon public bodies, in whole or in part, and/or attendance by members of those public bodies remotely may be permitted under any of the following circumstances: a. Before January 1, 2021, for any circumstances. b. On and after January 1, 2021 through December 31, 2021, only for one of the following: i. Military service. ii. A medical condition. (1) Medical condition means an illness, injury, disability, or other health-related condition, including recommended quarantine. iii. A statewide or local state of emergency or state of disaster declared pursuant to law or charter by the governor or a local official or local governing body that would risk the personal health or safety of members of the public or the public body if the meeting were held in person, but only to permit the following: (1) To permit the electronic attendance of a member of the public body who resides in the affected area. (2) To permit the electronic meeting of a public body that usually holds its meetings in the affected area. c. After December 31, 2021 only in the circumstances requiring accommodation of members absent due to military duty. Meetings held Electronically a. Communication The City of Muskegon will utilize electronic video and/or audio services or equipment that ensures 2-way communication so that during the electronic meeting members of the public body can hear and be heard by other members of the public body and so that participants in the electronic meeting can hear members of the public body and can be heard by members of the public body and other participants during the public comment period. i. Members of the general public will not be excluded from a meeting otherwise open to the public except for a breach of the peace actually committed at the meeting. ii. Members of the general public otherwise participating in a meeting of a public body held electronically under this policy are to be excluded from participation in a closed session of the public body held electronically during that meeting if the closed session is convened and held in compliance with the requirements of the OMA applicable to a closed session. b. Notice i. Any meeting to be held electronically shall be preceded by a notice posted at least 18 hours before the meeting on the City’s website that is fully accessible to the public. The notice shall be posted on the homepage of the website or on a separate webpage dedicated to public notices for non-regularly scheduled or electronic public meetings. ii. The notice of the electronic meeting shall include all of the following: (1) Why the public body is meeting electronically. (2) How members of the public may participate in the meeting electronically, including the Internet address to view the meeting along with instructions on how to participate in public comment. (3) How members of the public may contact members of the public body to provide input or ask questions on any business that will come before the public body at the meeting. (4) How persons with disabilities may participate in the meeting. c. Agenda If an agenda exists for an electronic meeting, the agenda for that meeting shall be made available to the public at least twelve hours before the electronic meeting begins by posting the agenda on the portion of the City’s website that is fully accessible to the public. Posting of the agenda, however, shall not prohibit subsequent amendment of the agenda at the meeting. d. Identification of the Public The City of Muskegon shall not, as a condition of participating in an electronic meeting, require a person to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attendance at the meeting. However, the City of Muskegon may require a person to identify themselves as may be necessary to permit the person to participate in the public comment period of the meeting. Remote Participation by Members of the Public Body a. Communication i. When a member of a public body is physically absent from a meeting, but attends the meeting remotely as permitted by this policy, the City of Muskegon shall utilize electronic video and/or audio services or equipment that ensures 2-way communication so that during the meeting the member can hear and be heard by other members of the public body and so that participants in the meeting can hear and be heard by the member. ii. For each member of a public body attending the meeting remotely, that member shall announce at the beginning of the meeting that he or she is attending the meeting remotely and shall, except when his or her absence is due to military duty, announce the member’s physical location by stating the county, city, township, or village and the state from which he or she is attending the meeting remotely. These announcements must be included in the minutes of the meeting. b. Notice i. When a member of a public body will be physically absent from a meeting, but will be attending the meeting remotely, the City of Muskegon shall post at least 18 hours before the meeting on the City’s homepage or website dedicated to public notices for non- regularly scheduled or electronic public meetings a notice that the member of the public body will be attending the meeting remotely. ii. The notice shall include e-mail information about how to contact the member of the public body who will be attending the meeting remotely, so that all members of the public may contact the member to provide input or ask questions on any business that will come before the public body at the meeting. Adopted 11/24/2020