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(A) The provisions of I.C. 5-14-1.5-3.5, as amended, including definitions, are hereby adopted and apply to this section.
(B) A Council member who is not physically present at a meeting of the Council may participate in a meeting, including a committee meeting, by any electronic means of communication that allows all participating Council members to simultaneously communicate with each other and allows the public to simultaneously attend and observe the meeting. This does not apply to executive sessions.
(C) A Council member may not participate in a meeting (not just the vote) by electronic communication if the governing body is attempting to take 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 governing body's eminent domain authority;
(7) Establish, raise, or renew a tax; or
(8) Any other reason stated in I.C. 5-14-1.5-3.5, as amended.
(D) Only three members may participate by electronic communication in any one meeting. If a member wishes to participate by electronic communication, they must notify the Council President and Clerk within three business days of the next Council meeting so that arrangements can be made to facilitate the electronic communication. A member of Council may not attend more than 25% of the Council'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.
(E) Meetings are to be held in person unless the Council President designates a Council meeting is to be conducted by electronic communication at least three business days before the meeting is to be held. The number of meetings that may be conducted electronically in a calendar year by the Council are set by the Council President each year at the organization meeting.
(F) A roll call vote is required if any Council member is participating electronically, unless otherwise allowed by I.C. 5-14-1.5-3.5, as amended.
(G) Committee meetings may be held electronically subject to the requirements of I.C. 5-14-1.5-3.5. There is no limit on the number of members who may participate by electronic communication in any one meeting nor any limit to the total number of meetings that may be conducted by electronic communication. If a member wishes to participate electronically, they shall notify the presiding officer and the clerk within one business day of the meeting so that arrangements can be made for that member to participate electronically. If the presiding officer wishes to conduct the entire meeting electronically, they should notify the Clerk and other committee members within three business days of the meeting that the meeting will be held electronically.
(Ord. 46-06-21, passed 6-29-21)