(A) (1) The provisions of I.C. 5-14-1.5-3.5 (the Act), including definition, apply to this section.
(2) This section shall be known as the “Electronic Meeting Policy” of the Board of Commissioners and applies to the Board of Commissioners.
(B) (1) Subject to divisions (B) and (D), any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and (ii) 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: (i) shall be considered present for the purpose of establishing a quorum; and 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 participation 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.
(2) A member may not attend more than a 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 not attend two consecutive 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.
(4) A member who participates by electronic communication must notify the President or presiding officer at least 24 business hours prior to the meeting at which the member will participate by electronic communication.
(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.
(2) Identify the electronic means of communication by which:
(a) Members participate 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 Board of Commissioners may participate by means of electronic communication in a meeting at which the Board of Commissioners may take final action to:
(1) Make a reduction in personnel;
(2) Initiate a referendum;
(3) Impose or increase a fee;
(4) Impose or increase a penalty;
(5) Exercise the Board of Commissioners’ power of eminent domain; or
(6) 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 Board of Commissioners under I.C. 10-14-3-29; members are not rquired to be physically present for a meeting until 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; and
(c) The minutes or memoranda of the meeting must comply with division (D).
(Res. 2023-09, passed 12-18-2023)