TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 2, 2021
COMMITTEE ON STATE LEGISLATION AND RULES
Mr. Brian A. Perkovich, Executive Director
Title
Request Authority to Review the Proposed Amendments to the Rules of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago (As Revised)
Body
Dear Sir:
The Open Meetings Act allows members of a public body to attend meetings remotely, in limited circumstances. To allow remote participation, the Open Meetings Act requires that a majority of the public body adopt rules governing remote participation and strictly adhere to those rules. The rules must conform to the requirements and restrictions of the Open Meetings Act. However, the rules adopted may further limit the extent to which attendance by remote means is allowed and may require additional public notice for remote participation.
The District’s Board of Commissioners adopted Rules of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago in December 1977 (“Rules”) to govern the Board’s regular and special meetings. Per Section 1.3, all amendments and changes to the Rules must be proposed in writing at a regular meeting of the Board and shall not be acted upon before the next regular meeting of the Board. The vote of a majority of Commissioners entitled by law to be elected shall be necessary to their adoption, such amendment being effective at the meeting following passage. These Rules have been amended from time to time and were last amended on November 17, 2016.
In accordance with the Open Meetings Act requirements for remote participation at regular and special Board meetings and to ensure that the Board remains transparent and accountable to the public, the following amendments to the Rules are now being proposed. Additions to the Rules have been underlined. Deleted provisions are stricken.
Section 1.2 Effective Date
These Rules, as amended, shall be effective from and after December 1, 2016 October 7, 2021.
ARTICLE V-CONDUCT OF MEETINGS
Add a Section 5.21
If a quorum of the members of the Board of Commissioners is physically present as required under the Open Meetings Act, a majority of such Commissioners physically present may allow a member of the Board to attend a meeting, excluding executive sessions and special meetings, by other means if that member is prevented from being physically present at the designated location of the meeting because of: (1) personal illness or disability; (2) the business of the Metropolitan Water Reclamation District of Greater Chicago; or (3) a family or other emergency. The other means allowed for attendance shall be remote video or audio conference.
A Board member wishing to attend a regular Board meeting remotely shall notify the President and the Clerk of the District in writing or by email by 9:00 a.m. on the day of the regular Board meeting for which the member is seeking to participate remotely. After a roll call vote is taken establishing that a quorum is present, the Chair (or presiding officer) shall state that a Board member has requested to participate in the meeting remotely. A Board member may be permitted to attend the meeting remotely unless a majority of the Board members physically present determine by vote that the notice does not comply with the requirements outlined herein or otherwise do not approve the remote attendance.
Any and all costs associated with remote participation shall be the sole responsibility of and borne exclusively by the Board member requiring remote participation.
Requests to attend remotely must be made at each meeting where approval for such participation is sought. If allowed, remote attendance will only be approved for one meeting. Remote attendance at more than one meeting requires individual notice and approval in accordance with this Article for each meeting.
ARTICLE VI-REPEALER
Rules of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago adopted prior to these Rules becoming effective December 1, 2016 October 7, 2021 are hereby repealed.
Requested, Susan T. Morakalis, General Counsel, STM:EMA:mmv
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda items will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for September 2, 2021