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Home My WebLink About178-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 178-25 File Number: 2025-1186 A RESOLUTION TO REPEAL A.10 VIRTUAL CITY COUNCIL MEETINGS AUTHORIZED OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL WHEREAS, the Arkansas Legislature passed Act 505 which was approved by the Governor on April 10, 2025; and WHEREAS, Act 505 amended the FOIA to require that "a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas repeals A.10. Virtual City Council Meetings Authorized of the Rules of Order and Procedure of the Fayetteville City Council. PASSED and APPROVED on August 5, 2025 Approved: * �0� Molly Rawn, Mayor Attest: �FAY�TLCV!LLi �"= v' 9RkAN`�P :2p: Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 5, 2025 TO: Mayor Rawn and City Council THRU: CITY COUNCIL MEMO 2025-1186 FROM: Kit Williams, City Attorney SUBJECT: Repeal of Rules of Order and Procedure of the Fayetteville City Council A.10 Virtual City Council Meetings Authorized RECOMMENDATION: The City Attorney's Office recommends that the Fayetteville City Council repeal A.10 Virtual City Council Meetings Authorized of the Rules of Order and Procedure of the Fayetteville City Council. BACKGROUND: Act 505, which amends the Freedom of Information Act, was passed by the Arkansas General Assembly at the 2025 Legislative Session and signed by the Governor on April 10, 2025. It takes effect on August 4, 2025. Once the Act takes effect, City Council members will no longer be allowed to attend meetings virtually or electronically unless the Governor declares a disaster emergency. The new Act states: "Except as provided under subdivisions (e)(3)-(5) of this section, a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote." Ark. Code Ann. § 25- 19-103(e)(2) (emphasis added). DISCUSSION: The change in the law requires a change in the Rules of Order and Procedure of the Fayetteville City Council A.10. Virtual City Council Meetings Authorized. Because City Council members may no longer attend City Council meetings virtually unless a disaster is declared, the City Attorney's Office recommends repeal of A.10 Virtual City Council Meetings Authorized. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. City Attorney Memo - Freedom of Information Act Changes, 4. Agenda Request Form Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-1186 A RESOLUTION TO REPEAL A.10 VIRTUAL CITY COUNCIL MEETINGS AUTHORIZED OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL WHEREAS, the Arkansas Legislature passed Act 505 which was approved by the Governor on April 10, 2025; and WHEREAS, Act 505 amended the FOIA to require that "a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas repeals A.10. Virtual City Council Meetings Authorized of the Rules of Order and Procedure of the Fayetteville City Council. Page 1 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk -Treasurer Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney ar CC: Keith Macedo, Chief of Staff stP r B g les Steven Dotson, Chief Financial Officer Jonathon Curth, Development Services Director Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Kit Williams, City Attorney r--� DATE: June 3, 2025 RE: FOI Changes in Act 505 Act 505 "TO AMEND THE FREEDOM OF INFORMATION ACT..." was passed by the legislature, signed by the Governor and will be effective about August 4th. One of its most consequential provisions requires a change in the Rules of Order and Procedure of the Fayetteville City Council A.10. Virtual City Council Meetings Authorized. City Council meetings will no longer be allowed to be attended virtually or electronically unless the "Governor declares a disaster emergency...." A.C.A. § 25-19-103 (e)(5). "Except as provided under subdivisions (e)(3)-(5) of this section, a member of a governing, body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote." § 25-19- 103(e) (2) (emphasis added). "Other than governing bodies of municipalities, counties, or public school districts, a governing body may adopt a policy permitting members of the governing body to attend a public meeting remotely." § 25-19-103(e) (3) (emphasis added). Therefore, the City Council needs to repeal A.10 Virtual City Council Meetings Authorized to comply with Act 505. A second important clarification of Act 505's change of the FOI law prohibits not only two Council Members speaking privately with each other to determine how they intend to vote or whether they support or oppose any proposed Council action, it also prohibits such private communications between city staff and "Council Members concerning those topics." This does not require a Council Rule change, but possibly a change in current practice when staff and Council Members may privately discuss potential future actions by the Council. Any private discussion involving voting or supporting/ opposing potential future Council action must be avoided. City Committees meeting publicly and being recorded may discuss whatever they like with any Council Member in attendance without violating the Freedom of Information Act. Council Members have the same right to discuss City business and support or opposition to be proposed actions during public, recorded City Committee meetings. 2 RESOLUTION NO. A RESOLUTION TO REPEAL A.10 VIRTUAL CITY COUNCIL MEETINGS AUTHORIZED OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL WHEREAS, the Arkansas Legislature passed Act 505 which was approved by the Governor on April 10, 2025; and WHEREAS, Act 505 amended the FOIA to require that "a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas repeals A.10. Virtual City Council Meetings Authorized of the Rules of Order and Procedure of the Fayetteville City Council. Rules of Order and Procedure of the Fayetteville City Council Last Revised 02/18/2025 by Resolution # 62-25 Adopted 02/18/2025 by Resolution # 62-25 Page 4 of 13 9. Cell Phones and Papers. Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. 10. Virtual Cite Council Mectings Authorized After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings. B. DUTIES AND PRIVILEGES OF COUNCIL MEMBERS AT CITY COUNCIL MEETINGS 1. Seatins Members shall occupy the respective seats in the City Council Chambers assigned by position number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center of the City Council table. 2. Conduct During City Council meetings, Council Members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the Mayor or the rules of the City Council. Every member of the City Council desiring to speak shall address the chair and, upon recognition by the Mayor, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A Council Member once recognized shall not be interrupted while speaking unless called to order by the Mayor, unless a point of order is raised by another member or unless the member chooses to yield to questions from another member. If a member is called to order while he or she is speaking, the member shall cease speaking immediately until the question of order is determined. If ruled to be not in order, the member shall remain silent or shall alter his or her remark so as to comply with the rules of the City Council. All members of the City Council shall accord the utmost courtesy to each other, to city employees, and to members of the public appearing before the City Council, and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to CivicClerk No.: 2025- 1186 AGENDA REQUEST FORM FOR: Council Meeting of August 5, 2025 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REPEAL A.10 VIRTUAL CITY COUNCIL MEETINGS AUTHORIZED OF THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL APPROVED FOR AGENDA: Kit Williams City Attorney ,, 1-1 `5 t Date Mayor oily Rawn Date Acknowledgement