NEWBERRY – The Newberry County Council recently approved an emergency ordinance during a special meeting convened on December 30 to temporarily suspend normal operating procedures applicable to county council meetings.
The ordinance states that on December 21, 2020, the South Carolina Department of Health and Environmental Control (SCDHEC) reported a total of 255,210 confirmed cases in South Carolina with 4,587 confirmed deaths, and Newberry County is currently classified as “High Incidence Level County” and the board determined that holding meetings in the normal and customary manner would create public risk by involving a meeting in which the minimum social distance would not be reliably respected.
Thanks to new technology, including a new camera to stream online meetings and larger TVs, this ordinance will allow board members to participate electronically – they can participate by phone or by Zoom. This ordinance also allows members of the public to participate in the meeting. Through the ordinance, members of the public can participate electronically or send public written comments – which will be distributed to board members.
The ordinance establishes the following:
“Section 1. Remote meetings during the COVID-19 crisis
“The provision of this Section shall apply to the council for a period beginning on the date of enactment of this ordinance and continuing until the 61st day after such enactment (Emergency Term), board members shall have the right to conduct all regular and special meetings telephone or other electronic means, provided that:
“one. Members of the management body present electronically must be able to hear any and all comments made by the public, employees and other members of the management body; and
“B. All public participants and participants, employees and other members of the governing body must be able to hear comments, motions and votes from all members of the governing body present at such a meeting electronically, as well as any officials or employees required to speak. at such a meeting; and
“Ç. In addition to establishing electronic connections, there will be no communication between the members of the governing body present electronically, unless such communication forms part of the meeting and can be heard by all participants and public assistants; and
“D. The comments, motions and votes of the members of the governing body present electronically will be recorded in the minutes of the meeting, and the meeting itself will be held in the same way as a physical meeting of the body.
“Collectively, these conditions are called ‘Participation Requirements’.
“Section 2. Meeting Protocols
“one. Immediately after the meeting is called, the president shall vote the members of the governing body to confirm attendance.
“B. Any vote of the governing body must be conducted by individual verbal vote of the members of the governing body, who must verbally indicate their vote on any matter, declaring ‘yes’ or ‘no’. All individual votes will be recorded by the secretary or presiding officer, as appropriate.
“Ç. All board members, officers, staff and presenters must identify themselves and be recognized before speaking.
“D. Members of the governing body must strictly comply with ordinary procedural rules, rules of decorum and good practices applicable to face-to-face meetings of the governing body, especially when such rules and rules apply to recognition by the presidency, to preserve order and allow the effectiveness of electronic meetings.
“AND. With respect to any electronic meeting, any public comment periods stipulated by decree, resolution, policy or local statute are suspended. Members of the public can participate by electronic means or submit public comments in writing, which will be distributed to members of the governing body.
“Section 3. Physical presence is not required to be counted as part of a quorum
“The provisions of this section will apply to the board. During the emergency mandate, and notwithstanding any other applicable state or local law, a member who attends a board meeting electronically in accordance with the participation requirements, whether physically present or not, will be counted as present in the determining the quorum for such a meeting.
“Section 4. Suspension of Contrary Local Provisions
“During the emergency period, any decree, resolution, policy or statute of the regulatory body that conflicts with the provisions of this document will be and will be suspended and replaced by it.
“Section 5. State of emergency; FEMA Statement
“The Council declares and determines, as a fact after due investigation, that the spread of COVID-19 poses an imminent threat to public safety, health and well-being in and around Newberry County. The Council further considers and determines that the nature of the COVID-19 threat requires extraordinary and temporary measures to support social distance. In addition, the board recognizes that, under Section 502 of the Stafford Act, eligible emergency protection measures taken to respond to the COVID-19 emergency under the direction or guidance of public health officials can be reimbursed under Category B of the FEMA’s Public Assistance program, including emergency protection measures necessary for activities taken in response to the COVID-19 incident. The Council declares that there is a state of emergency within the county for the purpose of requesting and receiving such reimbursement.
“Section 6. Expiration of ordinances; expiry of the emergency period
“As established by the SC Code, this ordinance will expire automatically on the 61st day after the date of its promulgation. However, the Council may extend the term of this Emergency Ordinance by a decree promulgated in accordance with the protocols contained in Sections 1, 2 and 3 of this document. “
The decree passed by a 6-1 vote, after a motion was made by councilor Kirksey Koon and a second by councilor Harriett Rucker. Councilor Scott Cain voted against the decree, expressing concern that a new council was taking over in a week.
Although this decree was passed by the outgoing council, county administrator Wayne Adams said the new council could revoke it with one vote.
Contact Andrew Wigger @ 803-768-3122 or Twitter @TheNBOnews.