La PORTE — The state official tasked with assuring that government meetings are conducted openly and legally says the use of virtual or hybrid meetings is legal in La Porte County as long as the state’s public health emergency is in effect.
When the La Porte County Board of Commissioners met under a virtual model on Jan. 19, Commissioner Joe Haney and county Auditor Tim Stabosz objected, claiming the meeting violated the commissioners’ own policy on virtual meetings.
Haney abstained from all votes at the meeting, and Stabosz refused to certify the actions taken at the meeting.
They claimed the virtual meeting was illegal because of a county resolution stating at least 50 percent of members must attend the meeting in-person.
But in an email to Haney, Indiana Public Access Counselor Luke Britt said the public health emergency allows virtual meetings, and the county resolution does not supersede it.
“The resolutions/policies passed by some municipalities are in anticipation of when the public health emergency expires,” Britt said. “They are predicated on the expiration and are entirely optional at the discretion of the will of the board.
“Most boards who passed them simply did so in order that they not be rushed into place once the emergency ends; they’re a placeholder waiting for conditions to change.”
Haney, in seeking an opinion from Britt, agreed that state law supersedes local resolutions, but added, “That statement is about as germane to this issue as saying Indianapolis is the capital of Indiana; yes it’s true and no one is arguing otherwise.
“The issue is not one where there is a conflict between a local resolution and the IC codes but rather that IC code allows local resolution to be stricter than the state.”
Britt disagreed.
“No vote is really needed on when a meeting goes virtual – only that a majority of a board (or its presiding officer) deems it appropriate,” he wrote.
“At best, the local resolution is merely opt-in on an as-needed basis for now. Once the public health emergency expires, then I agree that it’s the controlling authority so long as it is consistent with the statute that allows it...
“... the fact that the county held a virtual meeting is not an issue with either the local resolution or the Open Door Law, as I interpret both. It can do so for the foreseeable future so long as the emergency order is in effect.”
County attorney Shaw Friedman issued a statement following Britt’s ruling.
“Despite Commissioner Joe Haney and Auditor Tim Stabosz claiming last Wednesday’s commission meeting was ‘illegal’ ... Public Access Counselor Luke Britt told Joe Haney what I’ve been trying to tell him for nine days – the resolution that was adopted by the commissioners last year to govern virtual meetings was a placeholder so virtual meetings could be held under certain circumstances after the public health emergency ends.
“State law allowing all officials of a governing body to hold a virtual meeting during the pandemic supersedes a local resolution.”
Friedman said Matias “had every right to notice up a completely virtual meeting as she did ... just as the County Council elected to go ‘hybrid’ [on Jan. 24].”
He said it was “frustrating to have two newly elected officials who see ‘corruption’ and ‘illegality’ down every corridor and all they do is frustrate good, efficient government operations with this nonsense.”
On Friday, Matias released a statement saying that effective Feb. 1, all county boards and commissions can meet virtually or use the hybrid model, under which members have the option to be present or participate via Zoom, “as is being done around the state.”
Matias said, “We have seen a huge uptick in virtual public attendance at county meetings since we have been using the Zoom platform and I want to be sure we encourage public involvement going forward.
“While the public health emergency continues, I encourage our citizens to continue to attend virtually when possible. The Zoom link is included in each meeting agenda.”
She said the commissioners “followed the lead of the Michigan City Common Council and La Porte City Council” and the “all virtual” meeting model used on Jan. 19 was reviewed and reinforced by the Public Access Counselor as “legal and appropriate.”
She said the resolution on virtual meetings would take effect when the health emergency ends, something the state legislature is now working to accomplish.
“Once the public health emergency ends, the county has previously adopted a resolution which will govern the use of virtual meetings going forward,” she said.
The resolution requires at least 50 percent of members of a board or commission to be physically present, and limits the number of consecutive meetings a member can attend virtually.
“We are all trying to do our part to limit COVID exposure and health risks, and I urge continued attention to COVID risk reduction measures,” Matias said.
“It makes sense that if folks are following recommended protocol such as social distancing and masks as recommended, it is appropriate to have hybrid meetings where both Zoom and in-person options are permissible.
“We continue to have a mask advisory in all county buildings. I encourage our citizens to continue to observe public meetings and to stay involved.”
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