HomeMy WebLinkAboutResolution_BPW_06-15-22-02;_Adopt_Electronic_Remote_Attendance_Policy_for_BPW
RESOLUTION NO. 06-15-22-02
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
CARMEL, INDIANA, ESTABLISHING THE POLICY BY WHICH MEMBERS MAY
PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION
Synopsis: This resolution adopts an electronic participation policy for Carmel BPW 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
bodies 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 IC 5-14-1.5-3.5(d);
and
WHEREAS, the City of Carmel Board of Public Works and Safety (the “BPW”) now desires to
adopt an Electronic Participation Policy (the “Policy”), to govern a BPW member’s participation by
electronic means of communication.
NOW, THEREFORE, BE IT RESOLVED by the BPW 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 BPW and applies to
the BPW meetings.
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.
(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.
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
(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 fifty percent (50%) of BPW 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) BPW consecutive meetings by electronic communication.
(d) A member may not participate in a meeting by electronic communication if BPW is attempting
to take final action to:
(1) adopt a budget;
(2) make a reduction in personnel;
(3) establish or increase a fee or a penalty;
(4) use the BPW’s eminent domain authority; or
(5) establish, raise, or renew a tax.
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
(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. (a) If an emergency is declared by the Governor under IC 10-14-3-12 or the Mayor of
Carmel, Indiana 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.
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
(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 7. This resolution shall be effective from and after adoption by the BPW and compliance
with IC 36-4-6-14.
SO RESOLVED this day of , 20___.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
DocuSign Envelope ID: EEB8DDAA-244B-495A-8E87-2D27A8611A8B
22
6/15/2022
6/15/2022
June
6/15/2022
15th
6/15/2022