(A) A member of the Town Council who is not physically present at a meeting of the Town Council may participate in a meeting by any electronic means of communication that does the following:
(1) Allows all participating members of the Town Council to simultaneously communicate with each other; and
(2) Allows the public to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session.
(B) Subject to division (G) below, a Council member who participates in a meeting by an electronic means of communication shall be considered present for purposes of establishing a quorum but may participate in any final action taken at the meeting only if the member can be seen and heard.
(C) A technological failure in an electronic means of communication that disrupts or prevents: (i) the simultaneous communication between a member who is not physically present at the meeting and the Council; or (ii) member of the public who is not present at the meeting from attending and observing the meeting; does not prevent the Council from conducting the meeting or affect the validity of an action taken by the Council at the meeting if the sum of the Council members physically present at the meeting and the Council members participating by electronic communication without technological failure satisfy the quorum and (if a final action is taken) the voting requirements of the Council.
(D) All votes taken during a meeting in which a Council member is participating by electronic communication must be taken by roll call vote.
(E) At least 50% of the members of the Council must be physically present at a meeting.
(F) 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, unless the member's electronic participation is due to:
(1) Military service;
(2) Illness or other medical condition;
(3) Death of a relative; or
(4) An emergency involving actual or threatened injury to persons or property.
(G) A member of the Council may not participate in a meeting of the Council by electronic communication if the Council 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 Council's eminent domain authority; or
(7) Establish, raise, or renew a tax.
(H) A Council member may attend two consecutive meetings (a set of meetings) by electronic communication. A Council member shall physically attend at least one meeting between sets of meetings that the member attends by electronic communication, unless the member's absence is due to:
(1) Military service;
(2) Illness or other medical condition;
(3) Death of a relative; or
(4) An emergency involving actual or threatened injury to persons or property.
(I) The Clerk-Treasurer may participate by means of electronic communication, including the casting of a vote to break a tie.
(J) This section shall be in full force and effect from and after its passage and approval by the Town Council.
(Res. 2021-007, passed 5-20-2020)