Resolution 2021-02 Electronic Means of Communication Policy

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RESOLUTION NO. 02-2021 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE COMMISSION MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission") operates pursuant to Article 13 of Chapter 21 of the South Bend Municipal Code, as may be amended from time to time, Title XV, Chapter 154, §§ 154.245-154.263 of the St. Joseph County Code of Ordinances, as may be amended from time to time, and the terms of the Interlocal Agreement between the City of South Bend and St. Joseph County dated December 12, 2017, as the same may be amended from time to time; and WHEREAS, the Commission abides by I.C. 5-14-1.5-1 et seq. (the "Open Door Law"); and WHEREAS, P.L. 88-2021 (HEA 1437), SEC. 5, amended the Open Door Law, effective April 20, 2021, by amending Section 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; and WHEREAS, Section 3.5 states that 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; and WHEREAS, the Open Door Law 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 Section 3.5(d); and WHEREAS, the Commission may adopt a policy and rules of procedure by majority vote of the Commissioners at a regularly scheduled meeting where a quorum is present. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION: Section 1. (a) The provisions of Section 3.5 of the Open Door Law, including definitions, apply to this resolution. (b) This resolution shall be known as the "Electronic Meetings Policy" of the Commission and applies to the Commission and any committee appointed directly by the Commission President ("Committee"). Section 2. (a) Subject to Sections 3 and 5 hereof, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the