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(A) (1) The provisions of IC 5-14-1.5-3.5(d), and all other relevant terms of IC 5-14-1.5-1 et seq., including definition, apply to this section.
(2) This section shall be known as the "Electronic Meetings Policy" of the Town Council, and applies to the Council and any Committee or Body appointed directly by this Council, or its presiding Officer.
(B) (1) Subject to the provisions of divisions (C) and (E) below, any member of the Town Council, board or body may participate in a public meeting by any electronic means of communication that:
(a) Allows all participating members of the Governing/Legislative body to simultaneously communicate with each other; and
(b) Other than a public meeting that is an executive session, allows the public to simultaneously attend and observe the public 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 public 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 by physically present at a public 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 public meeting.
(2) A member may not attend more than 50% of the public 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 person 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 public meeting between sets of public 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 person or property.
(D) The minutes or memoranda of a public 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 communications; and/or
(c) Was absent; and
(2) Identify the electronic means of communication by which:
(a) Members participated in the public meeting; and
(b) Members of the public attended and observed the public meeting if the public meeting was not an executive session.
(E) No member of the Council may participate by means of electronic communication in a public 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) In the event that an emergency is declared by;
(a) The Governor under the provisions of IC 10-14-3-29, or
(b) The Town Council President under the provisions of IC 10-14-3-29, then
Members are not required to be physically present for a public meeting until the emergency is terminated.
(2) Members may participate in a public meeting by any means of communication, provided that:
(a) At least a quorum of the members participate in the public meeting by means of electronic communication or in person:
(b) The public may simultaneously attend and observe the public meeting unless the meeting is an executive session: and
(c) The minutes or memoranda of the public meeting must comply with the provisions of division (D) above of this section, as amended from time to time.
(3) All votes taken during a public meeting at which at least one member participates by an electronic means of communication must be taken by roll call vote.
(Ord. 1414, passed 4-19-22)
PASSAGE OF ORDINANCES
(A) All ordinances and resolutions shall be prepared as directed by the Council, or as directed by the Council president.
(B) All other ordinances, resolutions, and contract documents shall, before presented to the Town Council for passage, adoption, or signing, have been approved as to form and legality by the Town Attorney or his authorized representative.
(C) Introduction of ordinances for passage and approval:
(1) All ordinances, resolutions, and other matters or subjects requiring action and consideration by the Town Council must be introduced during a public meeting of the Town Council.
(2) No ordinance shall be put on its final passage on the same day on which it was introduced, unless at least five of the members of the Town Council are present at the meeting on that day, and at least five members vote in favor of the passage of the ordinance during each reading thereof.
(3) All ordinances shall have two separate readings, but the second and final reading shall never be held on the same day as the first reading, except as provided in this section of the code. Each ordinance shall be read the first time without the necessity of any motion therefore. Any such ordinance shall only be passed to a second and final reading upon motion properly made, seconded, and carried by a majority vote. All ordinances may be read by title only, unless a reading in the entirety is requested by a Council member, or it deemed appropriate by the presiding officer.
(4) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and this code shall not be amended or repealed unless the ordinance contains the number of the chapter and section amended or repealed.
(5) Unless immediate consideration be moved, all resolutions shall be referred to the Council by the presiding officer, provided that any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. No resolution shall be granted immediate consideration unless the votes of the number of members required for the affirmative of such resolution shall be cast in favor of immediate consideration. An objection voiced of any one member shall require a roll call upon the motion for immediate consideration. If no objection is voiced, the Clerk-Treasurer shall record a unanimous consent to the motion for immediate consideration and the presiding officer shall proceed to state the principal question.
(‘82 Code, § 2-302(18)) (Am. Ord. 643, passed 3-7-95; Am. Ord. 724, passed 8-11-98)
(A) An ordinance, order, or resolution passed by the Town Council is considered adopted when it is signed by the President of the Town Council. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
(B) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1 unless:
(1) It is published under division (C); or
(2) It declares an emergency requiring its immediate effectiveness and is posted in one public place in each district in the town.
(C) Except as provided in division (E), if a town publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this division, it takes effect two weeks after the publication of the book or pamphlet. Publication under this division, if authorized by the legislative body, constitutes presumptive evidence:
(1) Of the ordinances in the book or pamphlet;
(2) Of the date of adoption of the ordinances; and
(3) That the ordinances have been properly signed, attested, recorded, and approved.
(D) This section does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
(E) An ordinance increasing a building permit fee on new development must:
(1) Be published:
(a) One time in accordance with IC 5-3-1;
(b) Not later than 30 days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
(2) Delay the implementation of the fee increase for 90 days after the date the ordinance is published under division (1).
(IC 36-5-2-10)
All ordinances passed by the Town Council shall be recorded by the Town Clerk-Treasurer in a book of ordinances. The original shall be filed in the Clerk-Treasurer’s office, and due proof of publication of all ordinances requiring publication, by the affidavit of the printer or publisher, shall be procured by the Clerk-Treasurer and attached thereto, or written and attested thereto, or written and attested upon the fact of such ordinances.
(‘82 Code, § 1-107)