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Indiana Code Title 5. State and Local Administration § 5-14-1.5-3.7

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

Sec. 3.7. (a) As used in this section, “disaster emergency” means:

(1) a disaster emergency declared by the governor under IC 10-14-3-12;  or

(2) a local disaster emergency declared by the executive (as defined in IC 36-1-2-5) of a political subdivision under IC 10-14-3-29.

(b) Notwithstanding section 3.5 or 3.6 of this chapter, if a disaster emergency is in effect for all or part of the area within the governing body's jurisdiction, the members of a governing body are not required to be physically present at a meeting:

(1) if meeting in person would present an imminent risk to the health or safety of the members of the public and the governing body who attend the meeting because of the particular danger, threat, or emergency conditions that are the basis for the declaration of the disaster emergency;  and

(2) if the members are of the governing body of a school corporation or charter school, one (1) or more schools within the jurisdiction of the governing body of the school corporation or the charter school are closed at the time of the meeting because of the particular danger, threat, or emergency conditions that are the basis for the declaration of the disaster emergency.

(c) The members of a governing body may meet by any means of electronic communication, if the following are satisfied:

(1) At least a quorum of the members of the governing body participate in the meeting by means of electronic communication or in person.

(2) The public is able to simultaneously attend and observe the meeting.  However, this subdivision does not apply to a meeting held in executive session.

(d) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must:

(1) state the name of each member of the governing body who:

(A) participated in the meeting by using any electronic means of communication;  and

(B) was absent;  and

(2) identify the electronic means of communication by which:

(A) members of the governing body participated in the meeting;  and

(B) the public attended and observed the meeting, if the meeting was not held in executive session.

(e) All votes taken during a meeting under this section must be taken by roll call vote.

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Cite this article: FindLaw.com - Indiana Code Title 5. State and Local Administration § 5-14-1.5-3.7 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-5-state-and-local-administration/in-code-sect-5-14-1-5-3-7/

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