This text of Indiana § 5-14-1.5-3.6 (Electronic communications by certain governing bodies) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
6.
(a)This section applies only to a governing
body of the following:
(2)A public agency of the state, including a body corporate and
politic established as an instrumentality of the state.
(3)An airport authority or a department of aviation under IC 8-22.
(4)A conservancy district under IC 14-33.
(b)A member of a governing body who is not physically present at
a meeting of the governing body may participate in a meeting of the
governing body by electronic communication only if the member uses
a means of communication that permits:
(2)all other members participating in the meeting;
(3)all members of the public physically present at the place
where the meeting is conducted; and
(4)if the meeting is conducted under a policy adopted under
subsecti
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6. (a) This section applies only to a governing
body of the following:
(1) A charter school.
(2) A public agency of the state, including a body corporate and
politic established as an instrumentality of the state.
(3) An airport authority or a department of aviation under IC 8-22.
(4) A conservancy district under IC 14-33.
(b) A member of a governing body who is not physically present at
a meeting of the governing body may participate in a meeting of the
governing body by electronic communication only if the member uses
a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place
where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under
subsection (g)(7), all members of the public physically present at
a public location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in a
meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution, by the
commission for higher education, by the board of the Indiana
economic development corporation, or by the board of directors
of the Indiana secondary market for education loans, as
established, incorporated, and designated under IC 21-16-5-1.
This subdivision does not apply to a governing body if at least
fifty-one percent (51%) of the governing body membership
consists of individuals with a disability (as described in IC 12-12-8-3.4) or individuals with a significant disability (as
described in IC 12-12-8-3.6), or both. The minimum number of
members who must be physically present at the place where the
meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting
must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the meeting
is conducted and the minimum number of members is physically
present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually. This
subsection does not apply to a governing body if at least fifty-one
percent (51%) of the governing body membership consists of
individuals with a disability (as described in IC 12-12-8-3.4) or
individuals with a significant disability (as described in IC 12-12-8-3.6), or both.
(e) Unless a policy adopted by a governing body under subsection
(g) provides otherwise, a member who participates in a meeting by
electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of
electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the
governing body, adopts a policy under subsection (g) governing
participation in meetings of the governing body by electronic
communication.
(g) A policy adopted by a governing body to govern participation in
the governing body's meetings by electronic communication may do
any of the following:
(1) Require a member to request authorization to participate in a
meeting of the governing body 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) Subject to subsection (e), limit the number of members who
may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing body
may conduct in a calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which any
one (1) member of the governing body may participate by
electronic communication.
(5) 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 subdivision, 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.
(6) 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.
(7) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings of the
governing body, excluding executive sessions, at a public place
or public places at which a member is physically present and
participates by electronic communication. If the governing body'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.
(8) Require at least a quorum of members to be physically present
at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is
conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that
govern participation in meetings of the governing body by
electronic communication and are not in conflict with this
chapter.
(h) The policy adopted by the governing body must be posted on the
website of the governing body, the charter school, the airport, the
conservancy district, or the public agency.
(i) Nothing in this section affects a public agency's or charter
school's right to exclude the public from an executive session in which
a member participates by electronic communication.