HomeMy WebLinkAboutBoard of Park Commissioners Remote Meeting Policy 7.09.21 (002)CITY OF SOUTH BEND, INDIANA
BOARD OF PARK COMMISSIONERS
RESOLUTION NO. 0001-2021
A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE CITY OF SOUTH BEND
BOARD OF PARK COMMISSIONERS 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 I 5-14-1.5-3.5(d); and
WHEREAS, the South Bend Board of Park Commissioners may adopt 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 SOUTH BEND BOARD OF PARK
COMMISSIONERS:
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 Commission
and applies to the Commission and any committee appointed directly by the Commission 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.
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(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
(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.
Section 4. The minutes or memoranda of a meeting at which any member participates by
electronic means of communication must:
(1) identify each member who:
(A) was physically present at the meeting;
(B) participated in the meeting by electronic means of communication; and
(C) was absent; and
(2) identify the electronic means of communication by which:
(A) members participated in the meeting; and
(B) members of the public attended and observed the meeting, if the meeting was
not an executive session.
Section 5. No member of the Commission may participate by means of electronic communication
in a meeting at which the Commission may take final action to:
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(1) adopt a budget;
(2) make a reduction in personnel;
(3) initiate a referendum;
(4) impose or increase a fee;
(5) impose or increase a penalty;
(6) exercise the power of eminent domain; or
(7) establish, impose, raise or renew a tax.
Section 6. (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 Section 4 of 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.
Section 7. This resolution shall be effective from and after adoption by the Board of Park
Commissioners.
Adopted this ____ day of _____________, 2021.
______________________________________ ______________________________________
Mark Neal, President Consuela Hopkins, Vice President
______________________________________ ______________________________________
Aimee Buccellato, Member Dan Farrell, Member
ATTEST: ____________________________
Eva Ennis, Clerk