HomeMy WebLinkAbout5D3e Resolution No. 3535 (Electronic Meetings Open Door)
RESOLUTION NO. 3535
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ESTABLISHING THE POLICY BY WHICH MEMBERS MAY PARTICIPATE
ELECTRONICALLY
WHEREAS, the South Bend Redevelopment Commission (the "Commission") exists
and operates under the provisions of I.C. 36-7-14, as amended from time to time (the "Act");
and
WHEREAS, the Commission is authorized by Section 3.1 of the Act to allow its
members to participate in meetings electronically, subject to certain restrictions; and
WHEREAS, P.L. 88-2021 (HEA 1437), SEC. 5, amended I.C. 5-14-1.5-1 et seq. (the
"Open Door Law statute"), effective April 20, 2021 by amending I.C. 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, the Open Door Law statute is more restrictive than Section 3.1 of the Act;
and
WHEREAS, the Commission has determined that the provisions of the Open Door Law
statute will better serve the City and the Commission; and
WHEREAS, the Open Door Law statute 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 I.C. 5-14-1.5-3.5(d).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION:
1. The provisions of the Open Door Law, including definitions, apply to this
Resolution.
2. This Resolution shall be known as the “Electronic Meetings Policy” of the
Commission.
3. Subject to the restrictions herein contained, any member of the Commission 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.
4. 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.
5. 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.
6. (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
(4) an emergency involving actual or threatened injury to persons or
property.
(c) A member may attend two (2) consecutive meetings (a set of meetings) by
electronic communication. A member must attend in person at least one (1)
meeting between sets of meetings that the member attends by electronic
communication, unless the member’s absence is due to:
(1) military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons or
property.
7. The minutes or memoranda of a meeting at which any member participates by
electronic means of communication must:
(a) identify each member who:
(1) was physically present at the meeting;
(2) participated in the meeting by electronic means of communication;
and
(3) was absent; and
(b) identify the electronic means of communication by which:
(1) members participated in the meeting; and
(2) members of the public attended and observed the meeting, if the
meeting was not an executive session.
8. No member of the Commission may participate by means of electronic
communication in a meeting at which the Commission may take final action to:
(a) adopt a budget;
(b) make a reduction in personnel;
(c) initiate a referendum;
(d) impose or increase a fee;
(e) impose or increase a penalty;
(f) exercise the power of eminent domain; or
(g) establish, impose, raise or renew a tax.
9. (a) If an emergency is declared by:
(1) the governor under IC 10-14-3-12; or
(2) the mayor under IC 10-14-3-29;
members are not required to be physically present for a meeting until the
emergency is terminated.
(b) Members may participate in a meeting by any means of communication
provided that:
(1) At least a quorum of the members participate in the meeting by
means of electronic communication or in person.
(2) The public may simultaneously attend and observe the meeting unless
the meeting is an executive session.
(3) The minutes or memoranda of the meeting must comply with this
Resolution.
(c) All votes taken during a meeting at which at least one member participates by
an electronic means of communication must be taken by roll call vote.
10. This Resolution shall be effective from and after adoption by the Commission.
ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held electronically on the ____ day of ___________ 2021 as authorized by the
Governor's Executive Order 20-09, as subsequently renewed by Executive Orders 20-17, 20-25,
20-30, 20-34, 20-38, 20-41, 20-44, 20-47, 20-49, 20-52, 21-03, 21-05, 21-08, 21-11, and 21-14.
SOUTH BEND
REDEVELOPMENT COMMISSION
________________________________
Marcia I. Jones, President
ATTEST:
________________________________
Quentin M. Phillips, Secretary