(A) In accordance with I.C. 5-14-1.5-3.5, any member of the Common Council shall be entitled to participate in a meeting of the Common Council using electronic means of communication subject to the rules and procedures outlined in this section.
(B) Participation in a meeting using electronic means does count toward the establishment of the quorum and the member participating as such may vote and participate as if physically present, so long as the member is otherwise in compliance with these rules.
(C) The Council chambers shall be equipped with technology allowing for a member participating electronically to see and be seen, and to hear and be heard, at all times.
(D) Rules for electronic participation.
(1) No more than four members may participate electronically at any given meeting. If more than four members wish to participate electronically at a meeting, the first four to notify the presiding officer shall be entitled to do so.
(2) Members wishing to participate electronically must notify the presiding officer at least 24 hours prior to the meeting of their intent to participate electronically. The presiding officer may waive this requirement, and allow for a shorter time, in exigent circumstances, at their discretion.
(3) If there is a technical failure, in which a member participating electronically loses the ability to see and be seen, and to hear and be heard, the Common Council shall pause proceedings for five minutes in order to allow time for the member experiencing technical difficulties to rejoin the meeting. After five minutes, the Common Council shall resume proceedings, unless the presiding officer, in their discretion, allows for additional time. The Clerk shall note in the meeting minutes any absences which occur due to technology failure.
(4) At any meeting in which the President is participating using electronic means of communication, the Vice President shall be designated as the presiding officer. If neither the President nor the Vice President are physically present, the Clerk shall call for nominations and selection of another member of the Common Council to serve as presiding officer at that meeting. The nominated member who receives the majority vote of those members present both physically and using electronic means, shall be the presiding officer during that meeting only.
(E) At any meeting in which at least one member participates electronically, the following shall apply:
(1) The Clerk shall identify in his or her minutes which members were physically present, and which members participated electronically, and for those who participated electronically, which form of technology was used.
(2) All votes taken must be by roll call vote.
(F) Council members are strongly encouraged to participate electronically, in accordance with the rules herein, when they are ill with a potential contagious disease, or when a member of their household is ill with a potential contagious disease.
(G) All other provisions of I.C. 5-14-1.5-3.5 are hereby incorporated by reference, including the provision regarding technological failures and the provisions as follows which are laid out here as convenience only, with the statutory text to control interpretation in case of conflict:
(1) A member of the governing body may not attend more than 50% of the governing body’s meetings in a calendar year by means of electronic communication, unless the member’s electronic participation is due to: military service; illness or other medical condition; death of a relative; or an emergency involving actual or threatened injury to persons or property.
(2) A member of the governing body may attend two consecutive meetings by means of electronic communication but then must attend the next meeting in person, unless the member’s electronic participation is due to: military service; illness or other medical condition; death of a relative; or an emergency involving actual or threatened injury to persons or property.
(3) A member may not participate in a meeting of the governing body by electronic communication if the governing body is attempting to take final action to:
(a) Adopt a budget;
(b) Make a reduction in personnel;
(c) Initiate a referendum;
(d) Establish or increase a fee or penalty;
(e) Use the governing body’s eminent domain authority; or
(f) Establish, raise, or renew a tax.
(Res. R-21-06, passed 5-20-2021)