HomeMy WebLinkAbout5D3 Redevelopment Commission Memo (Electronic Meetings)
DATE: June 24, 2021
FROM: Sandra Kennedy, Assistant City Attorney
SUBJECT: Electronic Meetings
As you may be aware, Governor Holcomb's Executive Order extending the declaration of public
health emergency will expire on July 1, 2021, and it is not expected to be renewed. When the
emergency expires, the ability of the South Bend Redevelopment Commission ("RDC") to meet
virtually as an entire body will also terminate.
The legislature of the State of Indiana has revised the Open Door Law (I.C. 5-14-1.5 et seq.) to
allow public meetings to occur virtually in part pending the adoption of a policy (I.C. 5-14-1.5-
3.5). Other boards and commissions within the City are deciding whether to adopt such policies.
However, the statute authorizing the RDC (I.C. 36-7-14 et seq.) also contains a provision allowing
the RDC to meet virtually in part (I.C. 36-7-14-3.1, referencing I.C. 36-7-14.5-9.5), and the RDC
may, but is not required to, adopt a policy to govern attendance by its members at electronic
meetings. The legal department has determined (and corroborated this determination with
guidance from Accelerate Indiana Municipalities or AIM) that the RDC may elect to follow the
RDC statute rather than adopt a policy under the Open Door Law statute.
In general, the RDC statute allows more broad participation electronically than the Open Door
Law statute. I have attached the relevant statutes for your review; however, I have summarized
the key components of each in the table below.
Provision Open Door Law (I.C. 5-14-1.5-
3.5)
RDC (I.C. 36-7-14-3.1; 36-7-
14.5-9.5)
Members may attend
electronically if others
present may communicate
with them
Yes Yes
Members physically present
at each meeting
50% 33.33%
Page | 2
Policy required Yes - may be more restrictive
than statute
No - but if one is adopted it
may be more restrictive than
statute
Limitation on number of
meetings attended
electronically by each
member
Yes - no more than 50%,
unless due to military service,
illness, death of relative, or
emergency involving
imminent danger
Yes - must attend one
meeting in person per year
May vote on final action Effectively, yes, for RDC
purposes
Yes
The statute the Commission chooses to follow will depend on the willingness of the Commission
to allow its members to participate in electronic meetings. Electronic meetings are more
convenient for those individuals who have other commitments that may prevent them from
attending a meeting and otherwise affect the Commission's ability to form a quorum.
Additionally, if the Commission decides to allow members to attend electronically, it will make
the meetings more accessible to the public who may wish to attend electronically as well. Of
course, the Commission could also determine not to allow members to participate electronically
but still provide electronic participation to the public.
If you decide that the Commission should continue to allow an electronic option for
Commissioners to attend meetings, I have provided draft resolutions for your consideration, one
reflecting a policy based on the RDC statute and the other reflecting a policy based on the Open
Door Law statute. Both resolutions reflect the most permissive allowance of virtual attendance
allowed by each statute. You may determine that more restrictive provisions should be included.
Please keep in mind that a minimum number of members must attend each meeting in person in
order for a quorum to be met (2 under the RDC statute and 3 under the Open Door Law statute).
City staff recommends following the RDC statute to provide Commissioners with more flexibility
and ensure the likelihood of obtaining a quorum. As noted in the statute and above, the
Commissioners may choose to follow the RDC statute without adopting a policy at this time,
creating a policy later after further consideration regarding whether additional restrictions
should be made.