HomeMy WebLinkAboutResolution 2021-02 Electronic Means of Communication PolicyRESOLUTION 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
Commission or any Committee to communicate with each other simultaneously; and (ii) other than a
an executive session, allows the public to attend and observe the meeting simultaneously.
(b) A member who participates by an electronic means of communication: (i)
shall be considered present for purposes of establishing a quorum; and (2) 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 of the Commission or any
Committee 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:
(a) identify each member who:
(1) was physically present at the meeting;
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(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.
Section 5. No member of the Commission or any Committee may participate by means of
electronic communication in a meeting at which the Commission may take final action (as applicable)
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.
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.
provided that:
(b) Members may participate in a meeting by any means of communication
(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 this Commission.
ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph
County, Indiana, held electronically and in person on `�° -pZa , 2021, as authorized by
Executive Order 20-09 issued by the Governor of the State of Indiana, as subsequently renewed.
HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY
C-
Michele G an, resident
ATTEST:
J an Downs-Krostenko, Secretary
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