§ 36-7.5-2-6 — Meetings; quorum; affirmative votes; proxies prohibited

Indiana § 36-7.5-2-6

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7.5: NORTHWEST INDIANA REGIONAL
• Ch. 2: Development Authority and Board

Text

(a) The development authority is a public
agency for purposes of IC 5-14-1.5 and IC 5-14-3. The development
board is a governing body for purposes of IC 5-14-1.5.
(b) The development board shall meet at least quarterly.
(c) The chair of the development board may call a special meeting
of the development board.
(d) Five (5) members of the development board constitute a quorum.
However, if the county described in section (3)(d) of this chapter is an
eligible county participating in the development authority, six (6)
members of the development board constitute a quorum.
(e) Except as provided in subsection (h), the affirmative votes of at
least five (5) members of the development board are necessary to
authorize any action of the development authority. However, if the
county described in section 3(d) of this chapter is an eligible county
participating in the development authority, the affirmative votes of at
least six (6) members of the development board are necessary to
authorize any action of the development authority.
(f) Notwithstanding any other provision of this article, the minimum
number of affirmative votes required under subsection (e) to take any
of the following actions must include the affirmative vote of the
member appointed by the governor who serves as chair:
(1) Making loans, loan guarantees, or grants or providing any
other funding or financial assistance for projects.
(2) Acquiring or condemning property.
(3) Entering into contracts.
(4) Employing an executive director or any consultants or
technical experts.
(5) Issuing bonds or entering into a lease of a project.
(g) A member of the board may not:
(1) designate another individual to attend a board meeting on
behalf of the member in the member's absence; or
(2) allow another member of the board to cast a proxy vote on
behalf of the member in the member's temporary absence from a
meeting.
(h) This subsection only applies to a vote on matters that pertain
strictly to a transit development district established under IC 36-7.5-4.5-17 on which the members of the development board
appointed under section 3(b)(4) may cast a vote. The affirmative votes
of at least six (6) members of the development board, which must
include the chair, are necessary to authorize any action of the
development authority.

Legislative History

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.58; P.L.192-2015, SEC.10; P.L.144-2020, SEC.3; P.L.165-2021, SEC.212.