(A) (1) The provisions of the P.L. 88-2021, section 5, amending I.C. 5-14-1.5-1 et seq. (the “Act”) including definitions, apply to this section.
(2) This section shall be known as the “Electronic Meetings Policy” of the Council and applies to the Council and any committee appointed directly by this Council or its presiding officer.
(B) (1) Subject to divisions (C) and (E) below, any member may participate in a meeting by any electronic means of communication that:
(a) Allows all participating members of the governing body to simultaneously communicate with each other; and
(b) Other than a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting.
(2) A member who participates by an electronic means of communication:
(a) Shall be considered present for purposes of establishing a quorum; and
(b) May participate in final action only if the member can be seen and heard.
(3) All votes taken during a meeting at which at least one member participates by an electronic means of communication must be taken by roll call vote.
(C) (1) At least 50% of the members must be physically present at a meeting at which a member will participate by means of electronic communication. Not more than 50% of the members may participate by an electronic means of communication at that same meeting.
(2) A member may not attend more than 50% of the meetings in a calendar year by an electronic means of communication, unless the member’s electronic participation is due to:
(a) Military service;
(b) Illness or other medical condition;
(c) Death of a relative; or
(d) An emergency involving actual or threatened injury to persons or property.
(3) A member may attend two consecutive meetings (a set of meetings) by electronic communication. A member must attend in person at least one meeting between sets of meetings that the member attends by electronic communication, unless the member’s absence is due to:
(a) Military service;
(b) Illness or other medical condition;
(c) Death of a relative; or
(d) An emergency involving actual or threatened injury to persons or property.
(D) The minutes or memoranda of a meeting at which any member participates by electronic means of communication must:
(1) Identify each member who:
(a) Was physically present at the meeting;
(b) Participated in the meeting by electronic means of communication; and
(c) Was absent; and
(2) Identify the electronic means of communication by which:
(a) Members participated in the meeting; and
(b) Members of the public attended and observed the meeting if the meeting was not an executive session.
(E) No member of the Council may participate by means of electronic communication in a meeting at which the Council may take final action to:
(1) Adopt a budget;
(2) Make a reduction in personnel;
(3) Initiate a referendum;
(4) Impose or increase a fee;
(5) Impose or increase a penalty;
(6) Exercise the Council’s power of eminent domain; or
(7) Establish, impose, raise or renew a tax.
(F) (1) If an emergency is declared by (a) the governor under I.C. 10-14-3-12; or (b) the Town Council President under I.C. 10-14-3-29; members are not required to be physically present for a meeting until the emergency is terminated.
(2) Members may participate in a meeting by any means of communication provided that:
(a) At least a quorum of the members participate in the meeting by means of electronic
communication or in person.
(b) The public may simultaneously attend and observe the meeting unless the meeting is an executive session.
(c) The minutes or memoranda of the meeting must comply with division (D) above.
(3) All votes taken during a meeting at which at least one member participates by an electronic means of communication must be taken by roll call vote.
(F) This section shall be effective from and after adoption by this Council and compliance with I.C. 36-5-2-10.
(Res. 2021-11, passed 6-8-21)