(A) Title of policy and incorporation by reference.
(1) This section shall be known as the "Electronic Meetings Policy" of the Board of Commissioners.
(2) The provisions of I.C. 3-14-1.5-1, et seq., including any and all definitions, are hereby incorporated into this policy by reference.
(B) Electronic participation.
(1) Subject to divisions (C) and (E), below, any Commissioner may participate in a meeting by any electronic means of communication that:
(a) Allows all Commissioners to simultaneously communicate with each other; and
(b) Except for a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting.
(2) A Commissioner 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 Commissioner can be seen and heard.
(3) All votes taken during a meeting in which a Commissioner participates by an electronic means of communication must be taken by roll call vote.
(C) Attendance by electronic means.
(1) At least two Commissioners must be physically present at a meeting during which a Commissioner is participating by electronic means of communication. No more than one Commissioner may participate by means of electronic communication at the same meeting.
(2) A Commissioner shall not attend more than 50% of meetings in a calendar year by electronic means of communication, unless the Commissioner'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 persons or property.
(3) A Commissioner may attend two consecutive meetings by electronic communication. In the event a Commissioner attends two consecutive meetings by electronic communication, said Commissioner must be physically present at the next subsequent meeting, unless the Commissioner's absence 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 persons or property.
(D) Electronic meeting minutes. The minutes of a meeting at which a Commissioner participates by electronic means of communication shall:
(1) Identify each Commissioner who:
(a) Was physically present at the meeting;
(b) Participated in the meeting by electronic means of communication; and
(c) Was absent.
(2) Identify the electronic means of communication by which:
(a) A Commissioner participated in the meeting; and
(b) Members of the public attended and observed the meeting if the meeting was not an executive session.
(E) Final action not permitted. No Commissioner who is participating in a meeting by means of electronic communication shall participate in taking final action if the Board of Commissioners is attempting to take final action to:
(1) Adopt a budget;
(2) Make a reduction in personnel;
(3) Initiate a referendum;
(4) Impose or increase a fee;
(5) Impose or increase a penalty;
(6) Exercise the governing body's power of eminent domain; or
(7) Establish, impose, raise, or renew a tax.
(BC Res. 2021-07, 5-24-2021)