02-2022 - Amend 109.01 Open Meetings

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Please Substitute for Original Bullock, Kepple, Litten, O'Malley, Rader, Shachner ORDINANCE NO. 02-2022 AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council amending Section 109.01 Open Meetings, of the Lakewood Codified Ordinances to allow public bodies in the City of Lakewood to meet virtually under certain conditions. WHEREAS, during the beginning of the COVID 19 Pandemic, the Ohio legislature enacted provisions state-wide permitting that open meeting be conducted virtually for the safety of all participants which expired July 1, 2021; and WHEREAS, currently Cuyahoga County has the third highest positive COVID 19 infections per capita in the country and the highest number of hospitalizations due to COVID 19 per capita in the country; and WHEREAS, under its municipal home -rule authority Council has determined that providing for virtual public meetings of Council and the City's boards and commissions, committees and other deliberative public bodies is necessary and appropriate when emergency or special circumstances exist; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that virtual public meetings may be necessary to protect the public health; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That new Section 109.01 Open Meetings of the Lakewood Codified Ordinances reading as follows: 109.01 OPEN MEETINGS. (a) Unless otherwise provided in the Codified Ordinances, all meetings of Council, the Board of Building Standards and Building Appeals, the Board of Zoning Appeals, the Board of Control, Civil Service Commission, the Planning Commission, the Citizens Advisory Committee and other similar public bodies of the City or other citizens' committees as may be appointed from time to time, shall be open to the public, unless an executive session is expressly authorized under the applicable provisions of State law. (b) Nothing herein contained shall mandate that any public body permit public participation in such meetings unless specifically required by the provisions of the Charter or the Codified Ordinances.