(A) Adoption of policy.
(1) The provisions of Pub. L. No. 88-2021 (HEA 1437), § 5, amended 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 County Council and applies to the County Council and any committee appointed directly by the County Council or its presiding officer.
(B) General policy.
(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 fiscal 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) Physical versus electronic attendance.
(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 at least one meeting in person 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) Meeting minutes. The minutes 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 participated in the meeting; and
(b) Members of the public attended and observed the meeting if the meeting was not an executive session.
(E) Exceptions. No member of the County Council may participate by means of electronic communication in a meeting at which the County 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 County Board of Commissioners’ power of eminent domain; or
(7) Establish, impose, raise, or renew a tax.
(F) Compliance. This section became effective from and after adoption by the County Council and in compliance with I.C. 36-2-4-8.
(Res. 2021-32, passed 6-1-2021)