§ 5-14-1.5-3.7 — Electronic meetings during disaster emergency

Indiana § 5-14-1.5-3.7

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 14: PUBLIC RECORDS AND PUBLIC MEETINGS
• Ch. 1.5: Public Meetings (Open Door Law)

Text

7. (a) As used in this section, "disaster
emergency" means:
(1) a disaster emergency declared by the governor under IC 10-14-3-12; or
(2) a local disaster emergency declared by the executive (as
defined in IC 36-1-2-5) of a political subdivision under IC 10-14-3-29.
(b) Notwithstanding section 3.5 or 3.6 of this chapter, if a disaster
emergency is in effect for all or part of the area within the governing
body's jurisdiction, the members of a governing body are not required
to be physically present at a meeting:
(1) if meeting in person would present an imminent risk to the
health or safety of the members of the public and the governing
body who attend the meeting because of the particular danger,
threat, or emergency conditions that are the basis for the
declaration of the disaster emergency; and
(2) if the members are of the governing body of a school
corporation or charter school, one (1) or more schools within the
jurisdiction of the governing body of the school corporation or the
charter school are closed at the time of the meeting because of the
particular danger, threat, or emergency conditions that are the
basis for the declaration of the disaster emergency.
(c) The members of a governing body may meet by any means of
electronic communication, if the following are satisfied:
(1) At least a quorum of the members of the governing body
participate in the meeting by means of electronic communication
or in person.
(2) The public is able to simultaneously attend and observe the
meeting. However, this subdivision does not apply to a meeting
held in executive session.
(d) The memoranda for a meeting prepared under section 4 of this
chapter for a meeting held under this section must:
(1) state the name of each member of the governing body who:
(A) participated in the meeting by using any electronic means
of communication; and
(B) was absent; and
(2) identify the electronic means of communication by which:
(A) members of the governing body participated in the meeting;
and
(B) the public attended and observed the meeting, if the
meeting was not held in executive session.
(e) All votes taken during a meeting under this section must be
taken by roll call vote.

Legislative History

As added by P.L.88-2021, SEC.7. Amended by P.L.116-2022, SEC.2; P.L.124-2022, SEC.5.