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Indiana Code Title 5. State and Local Administration § 5-14-1.5-3.3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3.3. (a) This section applies only to a meeting of the governing body of an entity described in section 2(a)(2) or 2(a)(3) of this chapter.

(b) This section does not apply to a meeting of the governing body of a school corporation or charter school.

(c) As used in this section, “attendee” means a member of the public who is physically present at a meeting of a governing body.

(d) If a governing body allows attendees to speak on a topic at a meeting, the governing body may designate:

(1) a period for taking public testimony that is:

(A) before or during the governing body's discussion or consideration of the topic;  and

(B) before the governing body takes final action on the topic;  and

(2) the amount of time allotted for attendees to speak on the topic.

(e) A governing body may adopt reasonable rules or policies governing the conduct of a meeting, including any of the following:

(1) Reasonable restrictions on the time allotted for attendees to speak on a topic.

(2) Reasonable steps to maintain order during a meeting with respect to attendees and the elected officials of the governing body.

(3) A procedure for the presiding member of the governing body to issue warnings to attendees who disrupt a meeting.  Subject to subsection (g), the procedure may provide that if an attendee receives three (3) warnings, the presiding member of the governing body may upon issuing the third warning, direct:

(A) the attendee to leave the meeting;  and

(B) a law enforcement officer to remove the attendee from the meeting, if the attendee refuses to leave when directed by the presiding member for a violation of the rules or policies governing the conduct of the meeting as adopted by the governing body.

(f) The governing body must notify attendees of any rules or policies that are adopted under this section by:

(1) posting the rules or policies in a visible area at the entrance to the meeting location;  or

(2) making an announcement of the rules or policies at the meeting before taking oral public comment.

(g) Nothing in this section may be construed to prohibit a law enforcement officer from immediately removing an attendee from a meeting if:

(1) removal of the attendee is necessary to maintain order or ensure the safety of another person;

(2) the attendee commits a criminal offense;  or

(3) the attendee violates the rules or policies governing the conduct of the meeting as adopted by the governing body.

(h) IC 34-13-3-3(a)(8) applies to this section.

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Cite this article: FindLaw.com - Indiana Code Title 5. State and Local Administration § 5-14-1.5-3.3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-5-state-and-local-administration/in-code-sect-5-14-1-5-3-3/

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