The URL can be used to link to this page

Home My WebLink AboutCC-06-21-21-01 Electronic Participation Policy Resolution Redline Version A 7-22-21SPONSOR(S): Councilor Finkam This Resolution was amended by Jon A. Oberlander, Interim Corporation Counsel, on 7/28//2021 at 10:32 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. RESOLUTION NO. CC 06-21-21-01 (AS AMENDED) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE COMMON COUNCIL MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION Synopsis: This resolution adopts an electronic participation policy for Council and Committee meetings. WHEREAS, P.L. 88-2021, SEC. 5, amended IC 5-14-1.5-1 et seq. (the “Act”), effective April 20, 2021 by amending IC 5-14-1.5-3.5 to prescribe new requirements by which members of the governing body of a public agency of a political subdivision may participate in a meeting by any electronic means of communication; and WHEREAS, a member of the 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 Act 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 I 5-14-1.5-3.5(d); and WHEREAS, the Common Council (the “Council”) is the governing body of the City of Carmel, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. (a) The provisions of the Act, including definitions, apply to this resolution. (b) This resolution shall be known as the “Electronic Meetings Policy” of the Council and applies to the Council and any committee appointed directly by the Council or its presiding officer. Section 3. (a) Subject to Sections 4 and 6, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and (ii) other than a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting. Resolution CC 06-21-21-01 (Version A – Finance, Utilities and Rules Committee Meeting 7/22/2021) Page One of Four Pages DocuSign Envelope ID: 8A6299EF-15D8-419E-98FB-E4DC5B0FF838 SPONSOR(S): Councilor Finkam This Resolution was amended by Jon A. Oberlander, Interim Corporation Counsel, on 7/28//2021 at 10:32 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. (b) A member who participates by an electronic means of communication: (i) shall be considered present for purposes of establishing a quorum; and 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 4. (a) At least fifty percent (50%) of the members 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 two (2) Council 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 Council meetings by electronic communication. (d) A member may not attend more than fifty percent (50%) of Council Committee 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. (e) A member may attend two (2) consecutive Council Committee meetings (a set of meetings) by electronic communication. A member must attend in person at least one (1) Council Committee 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 5. The minutes or memoranda of a meeting at which any member participates by electronic means of communication must: (1) identify each member who: (A) was physically present at the meeting; (B) participated in the meeting by electronic means of communication; and (C) was absent; and Resolution CC 06-21-21-01 (Version A – Finance, Utilities and Rules Committee Meeting 7/22/2021) Page Two of Four Pages DocuSign Envelope ID: 8A6299EF-15D8-419E-98FB-E4DC5B0FF838 SPONSOR(S): Councilor Finkam This Resolution was amended by Jon A. Oberlander, Interim Corporation Counsel, on 7/28//2021 at 10:32 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. (2) identify the electronic means of communication by which: (A) members participated in the meeting; and (B) members of the public attended and observed the meeting if the meeting was not an executive session. Section 6. No member of the Council may participate by means of electronic communication in a meeting at which the Council may take final action to: (1) adopt a budget; (2) make a reduction in personnel; (3) initiate a referendum; (4) impose or increase a fee; (5) impose or increase a penalty; (6) exercise the Council’s power of eminent domain; or (7) establish, impose, raise or renew a tax. Section 7. (a) If an emergency is declared by the Governor under IC 10-14-3-12 or the Mayor under IC 10-14-3-29, then members are not required to be physically present for a meeting until the emergency is terminated. (b) Members may participate in a meeting by any means of communication provided that: (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 5 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 8. This resolution shall be effective from and after adoption by this Council and compliance with IC 36-4-6-14. Resolution CC 06-21-21-01 (Version A – Finance, Utilities and Rules Committee Meeting 7/22/2021) Page Three of Four Pages DocuSign Envelope ID: 8A6299EF-15D8-419E-98FB-E4DC5B0FF838 SPONSOR(S): Councilor Finkam This Resolution was amended by Jon A. Oberlander, Interim Corporation Counsel, on 7/28//2021 at 10:32 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance CC 06-21-21-01 (Version A – Finance, Utilities and Rules Committee Meeting 7/22/2021) Page Four of Four Pages DocuSign Envelope ID: 8A6299EF-15D8-419E-98FB-E4DC5B0FF838 0 August 3rd Not Present August 5:00 4:00 P August P 3rd 2nd 8