(A) General electronic participation provisions.
(1) A Council member may participate electronically in a Council meeting, subject to this policy and the requirements of I.C. 5-14-1.5, only if:
(a) All participating Council members can simultaneously communicate;
(b) The public can simultaneously attend and observe the meeting, except for executive sessions; and
(c) At least 50% of the Council members are physically present at a meeting.
(2) All votes during a meeting in which a Council member participates electronically shall be taken by roll call.
(3) Meeting minutes for meetings at which a Council member participates electronically must include the following:
(a) The name of each Council member physically present;
(b) The name of each Council member participating electronically;
(c) The name of each absent Council member;
(d) The electronic means of communication used by Council members; and
(e) The electronic means of communication used by the public to attend.
(4) A Council member who participates electronically is considered present for purposes of establishing a quorum.
(5) A Council member participating electronically may participate in final action only if the Council member can be seen and heard.
(6) Technological failures that disrupt or prevent simultaneous communication between a Council member or a member of the public who are not physically present do not prevent the Council from conducting the meeting or taking final action as long as the Council members physically present satisfy the quorum and voting requirements.
(7) A Council member cannot attend more than 50% of the meetings in a year electronically, unless the 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.
(8) A Council member cannot attend more than two consecutive meetings by electronic participation, unless the Council member's absence is due to one of the above exceptions. Otherwise, two consecutive meetings of electronic participation shall be followed by the Council member's physical presence at the next meeting.
(9) Electronic participation is prohibited, and all Council members must be physically present at a meeting, for the Council to take the following final actions:
(a) Adopting a budget;
(b) Making a reduction in personnel;
(c) Initiating a referendum;
(d) Establishing or increasing a fee;
(e) Establishing or increasing a penalty;
(f) Using eminent domain authority; and
(g) Establishing, raising, or renewing a tax.
(B) Electronic participation during disaster emergency.
(1) These provisions apply if:
(a) The Governor declares a disaster emergency under I.C. 10-14-3-12; or
(b) The County Commissioners declare a local disaster emergency under I.C. 10-14-3-29.
(2) Notwithstanding the general electronic participation provisions of this policy, the Council members are not required to be physically present at a meeting until the disaster emergency or local disaster emergency is terminated.
(3) Council members may meet by electronic means if:
(a) At least a quorum participates electronically or in person;
(b) The public can simultaneously attend and observe the meeting, except for executive sessions; and
(c) The meeting memoranda includes:
1. The name of each Council member participating electronically;
2. The name of each absent Council member;
3. The electronic means of communication used by Council members; and
4. The electronic means of communication used by the public to attend.
(4) All votes during a meeting under this section shall be taken by roll call.
(CC Res. 2021-08, passed 6-3-21)