(A) (1) The provisions of the Indiana Open Door Law (I.C. 5-14-1.5) apply throughout this section.
(2) As used in this section, the term MEMBER means a member of the County Council or the County Board of Commissioners.
(3) This section shall be known as the "Electronic Meetings Policy" and applies to:
(a) The County Council and any committee appointed directly by the Council or its presiding officer; and
(b) The Board of Commissioners and any committee appointed directly by the Board or its presiding officer.
(B) (1) Subject to divisions (C) and (E) of this section, any member may participate in a meeting by any electronic means of communication that:
(a) Allows all participating members to simultaneously communicate with each other; and
(b) Allows the public to simultaneously attend and observe the meeting. However, this division does not apply to a meeting that is an executive session.
(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) (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 mother medical condition;
(c) Death of a relative; or
(d) An emergency involving actual or threatened injury to persons or property.
(3) As used in this division, the term SET OF MEETINGS means two consecutive meetings. A member may 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 mother medical condition;
(c) Death of a relative; or
(d) An emergency involving actual or threatened injury to persons or property.
(D) The minutes or memoranda of a meeting at which any member participates by electronic means of communication must identify:
(1) 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) The electronic means of communication by which:
(a) A member participated 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 may participate by means of electronic communication in a meeting at which the members 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 power of eminent domain; or
(7) 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 County Commissioners under I.C. 10-14-3-29, the members are not required to be physically present for a meeting until the 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;
(c) The minutes or memoranda of the meeting comply with division (D) of this section.
(Res. 2021-06, passed 6-8-2021; Res. 2021-09, passed 6-10-2021)