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HomeMy WebLinkAboutP-2021-001-Establishing-Remote-Board-Participation-Protocols1 RESOLUTION NO. P – 2021 – 001 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION ESTABLISHING REMOTE MEETING PARTICIPATION PROTOCOLS The Carmel/Clay Board of Parks and Recreation (the “Board”) met at a duly called and authorized meeting of the Board held on the date set forth below, such meeting being called pursuant to a notice stating the time, place and purpose of the meeting received by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the meeting, which constituted a legal quorum of the Board. WHEREAS, on March 23, 2020, Governor Eric Holcomb issued Executive Order 2020- 09 declaring a health emergency in the State of Indiana (the “State”); and WHEREAS, on May 28, 2021, the Governor signed Executive Order 2021-14 as the 15th renewal of the public emergency extending the emergency until June 30, 2021; and WHEREAS, Executive Order 2020-09 gave local units of government the authority to hold public meetings and hearings virtually, where members of the governing body and the public could participate fully via electronic communications; and WHEREAS, in the 2021 Session of the Indiana General Assembly House Enrolled Act 1437, codified at Ind. Code 5-1-3 et seq. and Ind. Code 5-1-14 et seq. (the “Act”) was enacted, approving the authority for governing bodies of political subdivisions to adopt a virtual meeting policy under the provisions of Ind. Code §5-14-1.5-3.5; and WHEREAS, the Board desires to establish a standing remote meeting policy as provided in the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT: SECTION 1. The foregoing Recitals are incorporated herein by this reference. SECTION 2. The Board, as a political subdivision of the State, hereby adopts the provisions of the Act in full and establishes the provisions of the Act, as amended from time to time, as the policies of the Board. SECTION 3. With respect to meetings of the Board, in the absence of a State or local disaster emergency being declared as provided in Section 3.7 of the Act, members of the Board and the staff and consultants thereto may participate in a meeting of the Board by any electronic means of communication that allows all participating members of the Board to simultaneously communicate with each other and allows the public to simultaneously attend and observe the meeting (with the exception of executive sessions). A member of the Board participating in a meeting by electronic means shall be considered present for purposes of establishing a quorum, but may only vote on any final action taken at the meeting if the member can be both seen and heard. DocuSign Envelope ID: 9090BAFA-A428-4D2E-866F-ACECC237FD5A 2 SECTION 4. Except as provided in Section 6 below, at least fifty percent (50%) or more of the members of the Board must be physically present at a meeting and, unless remote participation is due to military service, illness, death of a relative or an emergency involving actual or threatened injury to persons or property, a member of the Board may not attend more than fifty percent (50%) of the Board’s meetings in a calendar year by means of electronic communication. A member of the Board may participate in no more than two (2) consecutive meetings by electronic means. SECTION 5. Except as provided in Section 6 below, a member of the Board may not participate remotely in a meeting if the Board is taking final action to: (i) adopt a budget, (ii) make a reduction in personnel, (iii) initiate a referendum, (iv) establish or increase a fee, (v) establish or increase a penalty, (vi) use the Board’s eminent domain authority, or (vii) establish, raise or renew a tax. SECTION 6. In the event the Governor declares a disaster emergency under Ind. Code §10-14-3-12 or the Board of Commissioners of Hamilton County, Indiana declares a local disasteremergency under Ind. Code §10-14-3-29, the provisions of Section 3.7 of the Act allowing full remote participation of the Board and the public in meetings of the Board shall apply. SECTION 7. The memoranda and minutes of meetings of the Board shall hereafter state the name of each member who participated in the meeting by using an electronic means of communication and identify the electronic means of communication by which any such members participated, and the means by which the public attended and observed the meeting if the meeting was not held in executive session. All votes taken during a meeting at which remote participation is allowed shall be by roll call vote. SECTION 8. In all ways, the provisions of the Act are incorporated herein as if set forth in full. Questions regarding the interpretation of this policy shall allow for interpretation with the maximum flexibility provided under the Act. SECTION 9. This Resolution is effective immediately upon its passage. Adopted and approved by the Carmel/Clay Board of Parks and Recreation this 8th day of June 2021. CARMEL/CLAY BOARD OF PARKS AND RECREATION _________________________________ _________________________________ Richard F. Taylor III, President Jenn Kristunas, Vice-President _________________________________ _________________________________ Lin Zheng, Treasurer Linus Rude, Secretary _________________________________ _________________________________ Dr. Jessica Beer James D. Garretson _________________________________ _________________________________ Louise Jackson Joshua A. Kirsh _________________________________ Mark Westermeier ABSENT ABSENT ABSENT DocuSign Envelope ID: 9090BAFA-A428-4D2E-866F-ACECC237FD5A