a. 1. The provisions of the Indiana Public Meeting Law (“the Act”), or Indiana Code, § 5-14-1.5-3.5(d), and all other relevant terms of Indiana Code, §§ 5-14-1.1-1 et seq., including definition, apply to this section.
2. This section shall be known as the “Electronic Meetings Policy” of the Council, and applies to the Council and any Committee or Body appointed directly to this Council, of its presiding Officer.
b. 1. Subject to the provisions of subsections c. and e. hereinafter, any member of the Town Council may participate in a public meeting by any electronic means of communication that:
A. Allows all participating members of the Governing/Legislative body to simultaneously communicate with each other; and
B. Other than a public meeting that is an executive session, allows the public to simultaneously attend and observe the public 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 public meeting at which at least one (1) member participates by an electronic means of communication must be taken by roll call vote.
c. 1. At least fifty percent (50%) of the members must be physically present at a public meeting at which a member will participate by means of electronic communication. Not more than fifty percent (50%) of the members may participate by an electronic means of communication at that same public meeting.
2. A member may not attend more than fifty percent (50%) of the public 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 person or property.
3. A member may attend two (2) consecutive meetings (a set of meetings) by electronic communication. A member must attend in person at least one (1) public meeting between sets of public meetings that the member attends by electronic communication, unless the member’s absence is due to:
A. Military service;
B. Illness of other medical condition;
C. Death of a relative; or
D. An emergency involving actual or threatened injury to person or property.
d. The minutes or memoranda of a public 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 communications; and/or
C. Was absent; and
2. Identify the electronic means of communication by which:
A. Members participated in the public meeting; and
B. Members of the public attended and observed the public meeting if the public meeting was not an executive session.
e. No member of the Council may participate by means of electronic communication in a public meeting at which the Council may take final action:
1. Adopt a budget;
2. Make a reduction in personnel;
3. Initiate a referendum;
4. Impose or increase a fine;
5. Impose or increase a penalty;
6. Exercise the Council’s power or eminent domain; or
7. Establish, impose, raise or renew a tax.
f. 1. In the event that an emergency is declared by:
A. The Governor under the provisions of Indiana Code, § 10-14-3-29, or
B. The Town Council President under the provisions of Indiana Code, § 10-14-3-29, then members are not required to be physically present for a public meeting until the emergency is terminated.
2. Members may participate in a public meeting by any means of communication, provided that:
A. At least a quorum of the members participate in the public meeting by means of electronic communication or in person;
B. The public may simultaneously attend and observe the public meeting unless the meeting is an executive session; and
C. The minutes or memoranda of the public meeting must comply with the provisions of subsection d. of this section, as amended from time to time.
3. All votes taken during a public meeting at which at least one (1) member participates by an electronic means of communication must be taken by roll call vote.
(Ord. No. 1981, §§ 1 - 6, 5-11-22)