(A) The recitals in Resolution No. 060221 are incorporated herein by this reference.
(B) The Council, a governing body of a political subdivision of the state, hereby adopts the provisions of the Act (I.C. 5-1-3 et seq. and I.C. 5-1-14 et seq.) in full and establishes the provisions of the Act, as amended from time to time, as the policies of the Council.
(C) With respect to meetings of the Council, in the absence of a State or local disaster emergency being declared as provided in Section 3.7 of the Act, members of the Council and the staff and consultants thereto may, if approved in advance by the President of the Council, participate in a meeting of the Council by any electronic means of communication that allows all participating members of the Council to simultaneously communicate with each other and allows the public to simultaneously attend and observe the meeting (with the exception of executive sessions). A member of the Council participating in a meeting by electronic means shall be considered present for purposes of establishing a quorum, but may only vote on any final action taken at the meeting if the member can be both seen and heard.
(D) Except as provided in division (F) below, at least 50% or more of the members of the Council must be physically present at a meeting and, unless remote participation is due to military service, illness, death of a relative or an emergency involving actual or threatened injury to persons or property, a member of the Council may not attend more than 50% of the Council's meetings in a calendar year by means of electronic communication. A member of the Council may participate in no more than two consecutive meetings by electronic means.
(E) Except as provided in division (F) below, a member of the Council may not participate remotely in a meeting if the Council is taking final action to:
(1) Adopt a budget;
(2) Make a reduction in personnel;
(3) Initiate a referendum;
(4) Establish or increase a fee;
(5) Establish or increase a penalty;
(6) Use the Council's eminent domain authority; or
(7) Establish, raise or renew a tax.
(F) In the event the governor declares a disaster emergency under I.C. § 10-14-3-12 or Hancock County declares a local disaster emergency under I.C. 10-14-3-29, the provisions of Section 3.7 of the Act allowing full remote participation of the Council and the public in meetings of the Council shall apply.
(G) The memoranda and minutes of meetings of the Council shall hereafter state the name of each member who participated in the meeting by using an electronic means of communication and identify the electronic means of communication by which any such members participated, and the means by which the public attended and observed the meeting if the meeting was not held in executive session. All votes taken during a meeting at which remote participation is allowed shall be by roll call vote.
(H) In all ways, the provisions of the Act are incorporated herein as if set forth in full. Questions regarding the interpretation of this policy shall allow for interpretation with the maximum flexibility provided under the Act.
(Res. 060221, passed 6-2-2021)