(A) (1) Subject to divisions (B) and (D), 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) Allows, except for executive session meetings, the public to simultaneously attend and observe the meeting.
(2) A member who participates by an electronic means of communication is considered present for purposes of establishing a quorum.
(3) A member who participates by an electronic means of communication may participate in any final action (i.e., vote) only if the member can be seen and heard.
(4) 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.
(B) Requirements for physical participation.
(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 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.
(C) Meeting records.
(1) The minutes or memoranda of a meeting at which any member participates by electronic means of communication must:
(a) Identify each member who was:
1. Physically present at the meeting;
2. Participating electronically in the meeting; and
3. Absent; and
(b) Identify the electronic means of communication by which:
1. Each member participated in the meeting; and
2. Members of the public were able to attend and observe the meeting if the meeting was not an executive session.
(2) The official record keeper or appropriate officer will maintain an annual record of members who attended meetings via electronic means to help ensure the requirements set forth in this section are satisfied.
(D) Electronic participation prohibited from certain meetings.
(1) No member may participate by means of electronic communication in a meeting at which the members may take final action to:
(a) Adopt a budget;
(b) Make a reduction in personnel;
(c) Initiate a referendum;
(d) Impose or increase a fee;
(e) Impose or increase a penalty;
(f) Exercise the governing body's power of eminent domain; or
(g) Establish, raise, or renew a tax.
(E) Technological failures. A technological failure in an electronic means of communication that disrupts or prevents:
(1) The simultaneous communication between a member who is not physically present at the meeting and the governing body; or
(2) A member of the public who is not present at the meeting from attending and observing the meeting;
does not prevent the governing body from conducting the meeting or affect the validity of an action taken by the governing body at the meeting if the sum of the governing body members physically present at the meeting and the governing body members participating by electronic communication without technological failure satisfy the quorum and, if a final action is taken, the voting requirements of the governing body.
(Ord. CO-2022-08, passed 3-21-2022)