Resolution No 22-2021 - Board of Public Works Remote Meeting Policy 7.13.21

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RESOLUTION NO. 22-2021 A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION WHEREAS, P.L. 88-2021 (HEA 1437), SEC. 5, amended IC 5-14-1.5-1 et seq. (Act), effective April 20, 2021 by amending IC 5-14-1.5-3.5 to prescribe new requirements by which members of a governing body of a public agency of a political subdivision may participate in a meeting by any electronic means of communication; WHEREAS, a member of a governing body may participate by any means of communication that: • Allows all participating members of the governing body to simultaneously communicate with each other; and • Except for a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting; WHEREAS, the Act requires the governing body to adopt a written policy establishing the procedures that apply to a member’s participation in a meeting by an electronic means of communication and may adopt procedures that are more restrictive than the procedures established by IC 5-14-1.5-3.5(d); and WHEREAS, the South Bend Board of Public Works may adopt rules of procedure by majority vote of the Board at a regularly scheduled meeting where a quorum is present: NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS: Section 1. (a) The provisions of the Act, including definitions, apply to this resolution. (b) This resolution shall be known as the “Electronic Meetings Policy” of the Board of Public Works (the “Board”) and applies to the Board and any committee appointed directly by the Board or its presiding officer. Section 2. (a) Subject to Sections 3 and 5, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and (ii) other than a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting. (b) A member who participates by an electronic means of communication: (i) shall be considered present for purposes of establishing a quorum; and may participate in final action only if the member can be seen and heard. (c) All votes taken during a meeting at which at least one (1) member participates by an electronic means of communication must be taken by roll call vote. Section 3. (a) At least fifty percent (50%) of the members must be physically present at a 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 meeting. (b) A member may not attend more than a fifty percent (50%) of the meetings in a calendar year by an electronic means of 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