10080-11 Amend- Municipal Code Ch.2 Sec 2-8 & 2-10 New Section 2-49 Governing Electronic Devices Used During Public Meeting

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Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 4 handheld piece of equipment that includes but is not limited to existin� and emerging mobile communication svstems and smart technolo ig es (cell phones smart phones walkie-talkies, pa�ers, etc�portable internet devices (mobile managers mobile messen�ers B1ackBenv T handset, etc.) Personal Digital Assistants (PDAs) (Palm organizers pocket PCs, etc. and any other conver�ent communication technolo�ies that do anv number of the previously mentioned functions. `Blectronic device" also includes any current or emer�in� wireless handheld technolo ieg�s or portable information technologv svstems that can be used for word processing wireless Internet access and information transmittin�/receivin�etc. Tape recorders and cameras and 4 hearin aidss shall be excluded from the definition of "electronic devices" as used in this Article. Emer�encv communication devices used by sworn police officers and medical first responders who are in attendance of a board or commission meetingt shall be in excluded from the provisions of this Article. �) Unless excused in advance bv the Chairperson of the board or commission, persons in all meetin� rooms shall turn their cell phones, or any other electronic devices to their silent mode when the Board or Commission is in session. Board or Commission members mav not send, ��, view or listen to anv electronic messa�e communications while he/she is part of the quorum for such meeting while it is in pro�ess. Anv electronic device used throu�h Citv-controlled access, which is needed durin anv Board or Commission �overned by this Article, is permitted for the pur�ose of accessin� city information, citv presentations, and to record minutes and notes.6 �d) A Board or Commission Member violates this section, if he or she refuses to comply with a verbal request of the presidins� officer of such Board or Commission to abide b�he regulations in this section. Thereafter, the Clerk, or other person desi�nated bv the Chaimerson, mav retrieve such electronic device from that individual, for the duration of the Board or Commission's public meetin� Such device shall be given back upon the end of the Board or Commission meetin�. (e) All Board and Commissions �overned bv this Article may make and implement any additional re�ulations, includin� sanctions which are not inconsistent with this Section. Section 1-. 23 of the Sotrth Bc�td Mu�iicipal Code shall not applv to this Section. 4 hrdionn Co�le 5-14-1.5-1 et seg.,sets forth the Indiana Open Door Law. In Ber�y v. Peoples Bi°ondcnsting Coip., 547 N.E.2"d 231, 1089 Ind.LEXIS 402(Ind. 1989),held that under the Indiana Open Door Law,a government body could not ban the use of cameras and tape recorders at its public hearings. hrdinrta Code 5-14-3-1 et seq.,sets forth the Access to Public Records state law 5 Hearing aids are defined by the National Institute of Deafness and Other Communication Disorders(NIDCD)as a "small electronic device that you wear in or behind an ear�vhich is designed to make some sounds louder so that a person with hearing loss can listen,communicate and participate more fully in daily activities". G All communications sent on an electronic device which is used through a City-controlled access or network will be captured by the City and may become part of the public record.