Governor’s orders prompt local governments to rethink operations

Local governments are making changes to the timing, manner and level of public access to government meetings and services as the state continues to address a growing public health emergency.

Gov. Eric Holcomb on Monday issued an executive order on the continuity of government during the COVID-19 crisis that puts in place temporary changes for Indiana open door and public records laws. Public meetings are now allowed to go forward via video conference with no member of the government body having to be present at a meeting location.

The Johnson County Board of Commissioners was among the first to switch to a virtual meeting format, holding one Zoom meeting last week and another on Tuesday. During these meetings, all three commissioners met in person with a handful of department heads, while the media, other department heads and individuals with business on the agenda were invited to join a Zoom meeting.

Zoom is a web-based video conferencing service that many entities are using because it is free. 

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On Tuesday, a technical difficulty occurred and the first seven minutes of the meeting was not seen or heard by virtual attendees. After that audio and video were restored, the quality of both remained low. Toward the end of the usual public meeting, the video was muted, abruptly ending after a few minutes of silence.

County Attorney Shena Johnson said the county is working to address audio and video issues for future meetings.

Indiana Public Access Counselor Luke Britt said it is advisable for government bodies to make available a livestream recording that the public can view in realtime, but he understands some difficulties with virtual meetings. 

Greenwood Mayor Mark Myers said city boards and the city’s nine-member council are planning to meet as they normally would, but via WebEx video conferencing. The meetings will continue to be livestreamed on the city’s YouTube channel.

“I prefer to have business as usual go on via WebEx,” Myers said.

WebEx is another web-based video conferencing service, but it comes with a per-user fee. 

Edinburgh Town Manager J.T. Doane also said public meetings would continue as normal via a conference call which will be livestreamed on Facebook.

Britt advises municipalities against conducting nonessential public business during this time. A definition of “essential” is limited to public safety and emergency measures to combat COVID-19.

“I believe the governor’s order was clear that meetings to discuss non-essential business which is not critical to the operations of government are prohibited, even for local government," Britt said. "But it’s important to note this only applies to governing bodies — city council, redevelopment commission, etc. — and does not apply to the mayor himself or his staff.”

Franklin Mayor Steve Barnett said the next city council meeting is still set for April 6, but that will be reevaluated closer to the meeting date. If the council does meet, a recording of it will be available on YouTube as normal.

Bargersville Town Manager Julie Young said non-essential public meetings are being canceled. But for now, the March 31 town council meeting is still on. She said the town is working to determine its capability to offer a virtual meeting and give the public access to that. 

Whiteland Town Manager Norm Gabehart said all town council meetings are canceled through April, and emergency provisions have been put in place to handle claims and payroll without a meeting.

New Whiteland Clerk-Treasurer Maribeth Alspach said the next town council meeting is still set for April 7, but the town is “taking it day by day” and may cancel if necessary. She said the town is getting quotes for a camera to record meetings in case the council has to meet.

The Towns of Trafalger and Prince’s Lakes have not reached a decision on public meetings during the crisis, said Trafalger Clerk-Treasurer Donna Moore and Prince’s Lakes Clerk-Treasurer Erica Lyden-Geiger.

In response to Holcomb’s Stay-at-Home order, governments have also adjusted how their offices function. Some local offices have gone entirely remote, while others are practicing social distancing in the office. Some have taken a hybrid approach.

The order states that Hoosiers should stay at home unless they are an essential employee who must report to work, must leave to care for someone, or to seek essential services and purchase supplies. The order is in effect until 11:59 p.m. April 6. 

For Whiteland, employees will work from home on certain days, but still spend some time at the office, Gabehart said. On a typical day, two or three employees from each department will be present. Gabehart himself, department heads, police officers and firefighters will come to work as normal, he said.

Trafalger town employees are working from home, with voicemails being checked remotely to make sure residents are still being assisted, Moore said.

New Whiteland and Edinburgh employees continue to report to work, but are practicing social distancing, town officials said.

Franklin has its employees, excluding building inspectors, police officers, firefighters and Department of Public Works employees, work at home on city-issued computers, iPads or phones, Barnett said. 

“We are going to operate as normal, but with as little contact with the public as possible,” he said.

Greenwood city employees are working from home with the exception of police, fire, street, stormwater and parks maintenance department employees, Myers said. Some essential employees will continue to come to the office, but most will conduct their business virtually, he said.

Some county employees are working from home with the discretion of department heads, but others are still reporting to the office, Johnson said.

Some Bargersville employees were already working remotely on town computers, but that number has increased this week as guidance continues to change, Young said.