§ 14-30-3-15.5 — Electronic meetings

Indiana § 14-30-3-15.5

• Jurisdiction: Indiana
• Art. 30: RIVER BASIN COMMISSIONS
• Ch. 3: St. Joseph River Basin Commission

Text

5. (a) This section applies to meetings
under IC 5-14-1.5 of:
(1) the commission; or
(2) an executive board appointed under section 12 of this chapter.
(b) The definitions in IC 5-14-1.5 apply to this section.
(c) A commission member may participate in a meeting by an
electronic means that allows:
(1) all participating members; and
(2) all members of the public who are physically present at the
meeting;
to simultaneously communicate with each other. The member shall be
considered present for purposes of establishing a quorum and may
participate in any final action taken at the meeting.
(d) Both of the following apply to a meeting under this section:
(1) At least one-third (1/3) of the members must be physically
present at the place where the meeting is conducted.
(2) All votes during the meeting must be taken by roll call vote.
Nothing in this section affects the public's right to attend a meeting at
the place where the meeting is conducted and the minimum number of
members is physically present.
(e) Each member of the commission is required to physically attend
at least one (1) meeting of the commission annually. Each member of
the executive board is required to physically attend at least one (1)
meeting of the executive board annually.
(f) The commission may adopt a policy to govern participation in
the meetings of the commission or the executive board by electronic
communication. The policy may do any of the following:
(1) Require a member to request authorization to participate in a
meeting by electronic communication within a certain number of
days before the meeting to allow for arrangements to be made for
the member's participation by electronic communication.
(2) Limit the number of meetings in a calendar year in which any
one (1) member may participate by electronic communication.
(3) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on any
official action. For purposes of this chapter, a member casts the
deciding vote on an official action if, regardless of the order in
which the votes are cast:
(A) the member votes with the majority; and
(B) the official action is adopted or defeated by one (1) vote.
(4) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days after
the date of the meeting.
(5) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings,
excluding executive sessions, at a public place or public places at
which a member is physically present and participates by
electronic communication. If the commission's policy includes
this provision, a meeting notice must provide the following
information:
(A) The identity of each member who will be physically present
at a public place and participate in the meeting by electronic
communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate by
electronic communication.
(C) Unless the meeting is an executive session, a statement that
a location described in clause (B) will be open and accessible
to the public.
(6) Establish any other procedures, limitations, or conditions that
govern participation in meetings of the commission by electronic
communication and are not in conflict with this chapter.
(g) Nothing in this section affects the commission's right to exclude
the public from an executive session in which a member participates by
electronic communication.

Legislative History

As added by P.L.30-2015, SEC.2.