2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 1.5. Public Meetings (Open Door Law) › 5-14-1.5-3.6. Electronic Communications by Certain Governing Bodies

Sec. 3.6. (a) This section applies only to a governing body of the following:
(1) A charter school.
(2) A public agency of the state, including a body corporate and politic established as an instrumentality of the state.
(3) An airport authority or a department of aviation under IC 8-22.
(4) A conservancy district under IC 14-33.
(b) A member of a governing body who is not physically present at a meeting of the governing body may participate in a meeting of the governing body by electronic communication only if the member uses a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under subsection (g)(7), all members of the public physically present at a public location at which a member participates by means of electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following requirements for a member of the governing body to participate in a meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by a board of trustees of a state educational institution, by the commission for higher education, by the board of the Indiana economic development corporation, or by the board of directors of the Indiana secondary market for education loans, as established, incorporated, and designated under IC 21-16-5-1. This subdivision does not apply to a governing body if at least fifty-one percent (51%) of the governing body membership consists of individuals with a disability (as described in IC 12-12-8-3.4) or individuals with a significant disability (as described in IC 12-12-8-3.6), or both. The minimum number of members who must be physically present at the place where the meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to attend a meeting of the governing body at the place where the meeting is conducted and the minimum number of members is physically present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically attend at least one (1) meeting of the governing body annually. This subsection does not apply to a governing body if at least fifty-one percent (51%) of the governing body membership consists of individuals with a disability (as described in IC 12-12-8-3.4) or individuals with a significant disability (as described in IC 12-12-8-3.6), or both.
(e) Unless a policy adopted by a governing body under subsection (g) provides otherwise, a member who participates in a meeting by electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the governing body, adopts a policy under subsection (g) governing participation in meetings of the governing body by electronic communication.
(g) A policy adopted by a governing body to govern participation in the governing body's meetings by electronic communication may do any of the following:
(1) Require a member to request authorization to participate in a meeting of the governing body by electronic communication within a certain number of days before the meeting to allow for arrangements to be made for the member's participation by electronic communication.
(2) Subject to subsection (e), limit the number of members who may participate in any one (1) meeting by electronic communication.
(3) Limit the total number of meetings that the governing body may conduct in a calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which any one (1) member of the governing body may participate by electronic communication.
(5) Provide that a member who participates in a meeting by electronic communication may not cast the deciding vote on any official action. For purposes of this subdivision, a member casts the deciding vote on an official action if, regardless of the order in which the votes are cast:
(A) the member votes with the majority; and
(B) the official action is adopted or defeated by one (1) vote.
(6) Require a member participating in a meeting by electronic communication to confirm in writing the votes cast by the member during the meeting within a certain number of days after the date of the meeting.
(7) Provide that in addition to the location where a meeting is conducted, the public may also attend some or all meetings of the governing body, excluding executive sessions, at a public place or public places at which a member is physically present and participates by electronic communication. If the governing body's policy includes this provision, a meeting notice must provide the following information:
(A) The identity of each member who will be physically present at a public place and participate in the meeting by electronic communication.
(B) The address and telephone number of each public place where a member will be physically present and participate by electronic communication.
(C) Unless the meeting is an executive session, a statement that a location described in clause (B) will be open and accessible to the public.
(8) Require at least a quorum of members to be physically present at the location where the meeting is conducted.
(9) Provide that a member participating by electronic communication may vote on official action only if, subject to subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that govern participation in meetings of the governing body by electronic communication and are not in conflict with this chapter.
(h) The policy adopted by the governing body must be posted on the Internet web site of the governing body, the charter school, the airport, the conservancy district, or the public agency.
(i) Nothing in this section affects a public agency's or charter school's right to exclude the public from an executive session in which a member participates by electronic communication.
As added by P.L.134-2012, SEC.12. Amended by P.L.62-2013, SEC.1; P.L.132-2013, SEC.1; P.L.280-2013, SEC.4; P.L.30-2015, SEC.1; P.L.154-2016, SEC.2; P.L.237-2017, SEC.13; P.L.88-2021, SEC.6; P.L.107-2021, SEC.2; P.L.137-2021, SEC.23; P.L.124-2022, SEC.4.