This article shall have the purpose to establish a policy for
the use of electronically transmitted e-mail, text messaging, Twittering
and like electronic communication by members of the governing body
and employees of the Township of South Harrison.
The following shall constitute the policy of the Township of
South Harrison for the use of electronically transmitted e-mail, text
messaging, Twittering and like electronic communication by members
of the governing body and employees of the Township:
A. Communications transmitted electronically shall not include an effective
majority of the governing body in those instances where the context,
subject matter or other terms of the e-mail communication is intended
to discuss, act upon or deliberate upon matters that the governing
body may consider. Communications may be transmitted to a majority
of the governing body only in those instances where the immediate
communication of the information contained therein is necessary to
facilitate the work of the governing body but in no event shall such
communications be intended to constitute a discussion, deliberation,
or action of the governing body.
B. When practicable, communications to a majority of the governing body
shall not include a request for a response. Providing information
to the entire governing body, or a majority thereof, should in those
instances specifically indicate that there should be no e-mail reply
or other communication contrary to the provisions of the Open Public
Meetings Act.
C. In instances where a response to a communication which was extended
to a majority of the governing body is necessary, such response shall
not invite or involve any decisionmaking or deliberative function
of the governing body or otherwise constitute an action upon the subject
matter of the communication. In such instances, any response shall
not be made to a majority of members of the governing body, either
directly or indirectly through a third party.
D. E-mail communications intended to constitute a "rolling" e-mail are
not permitted. For the purpose of this subsection, a "rolling" e-mail
occurs when one member of the governing body, or a third party, contacts
other members via e-mail individually to successively discuss, deliberate
or take action upon matters for which the governing body has jurisdiction
to consider.
E. No use of electronically transmitted communications shall be permitted
by which a majority of the governing body shall be invited to comment,
deliberate upon or otherwise act upon the subject matter of the communication.
The Clerk shall distribute copies of the above policy to all
members of the governing body and all employees of the Township of
South Harrison at such time as persons shall be established in such
positions. Upon enactment hereof, the Clerk shall distribute a copy
of this policy to all members of the governing body and employees
of the Township and shall include this policy within the Employee
Policy Manual.