HomeMy WebLinkAboutCPAAC Resolution for Electronic Participation PolicyI RESOLUTION
2
3 A RESOLUTION OF THE CARMEL PUBLIC ART ADVISORY COMMITTEE OF THE CITY
4 OF CARMEL, INDIANA, ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE
5 CARMEL PUBLIC ART ADVISORY COMMITTEE MAY PARTICIPATE BY ELECTRONIC
6 MEANS OF COMMUNICATION
7
8
9 WHEREAS, P.L. 88-2021, SEC. 5, amended IC 5-14-1.5-1 et seq. (the "Act"), effective April 20,
10 2021 by amending IC 5-14-1.5-3.5 to prescribe new requirements by which members of the governing
11 body of a public agency of a political subdivision may participate in a meeting by any electronic means of
12 communication; and
13
14 WHEREAS, a member of the governing body may participate by any means of communication
15 that:
16 • Allows all participating members of the governing body to simultaneously communicate with each
17 other; and
18 • Except for a meeting that is an executive session, allows the public to simultaneously attend and
19 observe the meeting; and
20 WHEREAS, the Act requires the governing body to adopt a written policy establishing the
21 procedures that apply to a member's participation in a meeting by an electronic means of communication
22 and may adopt procedures that are more restrictive than the procedures established by IC 5-14-1.5-3.5(d);
23 and
24
25 WHEREAS, the Carmel Public Art Advisory Committee (the "Committee") is a governing body
26 as defined in IC 5-14-1.5-2(b).
27
28 NOW, THEREFORE, BE IT RESOLVED by the Committee, that:
29
30 Section 1. The foregoing Recitals are incorporated herein by this reference.
31
32 Section 2. (a) The provisions of the Act, including definitions, apply to this resolution.
33
34 (b) This resolution shall be known as the "Electronic Meetings Policy" of the Committee and
35 applies to the Committee.
36
37 Section 3. (a) Subject to Sections 4 and 6, any member may participate in a meeting by any
38 electronic means of communication that: (i) allows all participating members of the governing body to
39 simultaneously communicate with each other; and (ii) other than a meeting that is an executive session,
40 allows the public to simultaneously attend and observe the meeting.
41
42 (b) A member who participates by an electronic means of communication: (i) shall be considered
43 present for purposes of establishing a quorum; and may participate in final action only if the member can
44 be seen and heard.
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
69
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
(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 a fifty percent (50%) of the 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 meetings (a set of meetings) by electronic
communication. A member must attend in person at least one (1) 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
(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 Committee may participate by means of electronic communication
in a meeting at which the Committee 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 Committee's power of eminent domain; or
(7) establish, impose, raise or renew a tax.
95 Section 7. (a) If an emergency is declared by the Governor under IC 10-14-3-12 or the Mayor
96 under IC 10-14-3-29, then members are not required to be physically present for a meeting until the
97 emergency is terminated.
98
99 (b) Members may participate in a meeting by any means of communication provided that:
100
101 (1) At least a quorum of the members participate in the meeting by means of electronic
102 communication or in person.
103 (2) The public may simultaneously attend and observe the meeting unless the meeting is an
104 executive session.
105 (3) The minutes or memoranda of the meeting must comply with Section 5 of this
106 resolution.
107
108 (c) All votes taken during a meeting at which at least one member participates by an electronic
109 means of communication must be taken by roll call vote.
110
III Section 8. This resolution shall be effective from and after adoption by this 21st day of June, 2022.
112
113 SO RESOLVED, by the Carmel Public Art Advisory Committee, this 2l' day of June 2022, by a
114 vote of 4 ayes and 0 nays.
115
116 CARMEL PUBLIC ART ADVISORY COMMITTEE
117
118_
119
120 gren Poyser
121
122
123
124 Julia S tsg ver
125
126
127
128 Jacob Quinn, Chief Deputy Clerk