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ELECTRONIC MEETINGS POLICY
RESOLUTION
(A) Whenever the following terms are used in this subchapter, they shall have such meanings herein ascribed to them unless the context clearly indicates or requires a different meaning.
ELECTRONIC PARTICIPATION. Any meeting of the Town Council or its committees while away from the physical meeting site, using any electronic means allowed by § 3.5 of the Open Door Law.
MEMBER. A member of the Town Council.
OPEN DOOR LAW. Refers to I.C. 5-14-1.5.
TOWN COUNCIL. The Town Council of the Town of Fremont, Indiana.
(B) External. The definitions of terms defined in I.C. 5-14-1.5-2 apply to this subchapter except to the extent they would conflict with a term otherwise defined in this section.
(Res. 2022-03, passed 9-20-2022)
(A) Effect. This section applies to the Town Council and any committee appointed directly by the Town Council or its presiding officer.
(B) Executive session. Except as stated, this section applies to any meeting of the Town Council in executive session.
(C) Member rights. This section does not create any right to electronic participation on behalf of a member though the Town Council shall take reasonable steps to facilitate such electronic participation.
(D) Public rights. This section does not create any right to electronic participation on behalf of the public.
(E) Disaster emergencies. This section does not apply to any meeting to which § 3.7 of the Open Door Law applies.
(F) Conflicts. To the extent any bylaw, rule, or policy of the Town Council may be deemed or construed to conflict with this section, this section shall be deemed to amend such bylaw, rule, or policy to allow electronic participation in accord with the Open Door Law.
(G) Judicial review. This section is intended only to improve the internal management of the town. Notwithstanding anything in this section to the contrary, nothing in this section shall be construed to create any new legal duty, right, or benefit, whether substantive or procedural, enforceable against the town; nor to waive or diminish any protection that may be applicable to the town or any of its elected or appointed officials, employees, agents, or representatives under any applicable law providing governmental immunity, or any other rights, protections, immunities, defenses, or limitations on liability that the town or such related parties are provided by law.
(Res. 2022-03, passed 9-20-2022)
(A) Benefits of electronic participation. Because from time to time members may not be available to physically attend and participate in meetings of the Town Council; because it is necessary for the Town Council to conduct business regularly and as efficiently as possible; because technology has advanced to facilitate, as a practical matter, electronic participation in Town Council meetings; the Town Council hereby recognizes the benefits of electronic participation as a way to conduct its business and encourages electronic participation whenever a member cannot otherwise be present.
(B) Benefits of physical participation. Notwithstanding division (A), the Town Council encourages members to participate physically in meetings whenever possible to maximize interaction and public observation.
(C) Postponement decisions. The President shall consider whether the benefits of electronic participation are outweighed by otherwise rescheduling or postponing to another date a meeting or an agenda item thereof so as to allow for full physical participation of the Town Council for later consideration of such matters.
(D) Adoption. It is hereby the adopted policy of the Town Council to permit electronic participation to the fullest extent allowed by the Open Door Law, and as described further herein, for use as necessary.
(E) Amendment. This section, and the policy created thereby, may be amended at any time.
(Res. 2022-03, passed 9-20-2022)
(A) Notice. Because of technology issues and issues related to reaching a legal quorum, a member who desires electronic participation for a particular meeting shall so advise the Clerk-Treasurer or IT Director as early as practicable. The town IT Director may not be able to accommodate requests made less than 48 hours in advance of a meeting.
(B) Status attestation. A member who desires electronic participation for a particular meeting shall attest to the Clerk-Treasurer whether or not the electronic participation is for military service, illness or other medical condition, death of a relative, or an emergency involving actual or threatened injury to persons or property. The Clerk-Treasurer may require a form for such attestation.
(C) Electronic signatures. A member who takes final action using electronic participation should make arrangements to sign a record memorializing the final action within seven days if there is a reasonable expectation for the member to do so. The record may be signed electronically in conformity with the town's electronic signature policy to the extent such policy permits.
(D) Technological failures. If, during a meeting, a member attending via electronic participation should experience a technological failure that delays or prevents further electronic participation at the meeting, the presiding officer shall take reasonable steps to delay official action, especially final action, for a brief period.
(E) Minutes. The person responsible for creating the minutes or memoranda of the meeting shall indicate therein whether any person who was otherwise considered present at the meeting due to electronic participation was unavailable during any particular final action.
(F) Compliance. The President shall ensure that all meetings using electronic participation comply with the Open Door Law.
(Res. 2022-03, passed 9-20-2022)