(a)

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Terms Used In Alabama Code 36-25A-5.1

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Quorum: The number of legislators that must be present to do business.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Except as provided in subsection (d), members of a governmental body as defined in Section 36-25A-2, that is comprised of members from two or more counties, may participate in a meeting of that governmental body by means of telephone conference, video conference, or other similar communications equipment which allows all persons participating in the meeting to hear each other at the same time. Participation by these electronic means shall constitute presence in person at the meeting for all purposes; provided, that at least three members, or a majority of a quorum of members, whichever is less, are physically present at the physical meeting location required by subsection (b).
(2) If a member is participating in a meeting of a governmental body by electronic means as authorized in this section, the governmental body shall ensure that means of access to the electronic communication is published in the same manner as the notice of the meeting is published pursuant to this chapter.
(3) The means of access shall allow members of the public to hear the meeting. A governmental body is not required to allow the public to participate by electronic means to any extent beyond being able to hear the meeting.
(b) Every meeting shall have one physical location available for persons wishing to be physically present, at which any interested member of the public shall be able to hear all persons who are participating remotely, and that location shall be published in a manner consistent with this chapter.
(c) Except as otherwise provided by this section, use of electronic communication shall be done in a manner that complies with this chapter .
(d) The members of the following governmental bodies are prohibited from participating in meetings and deliberation via electronic communications as otherwise authorized by this section:

(1) The Board of Pardons and Paroles.
(2) The Public Service Commission.
(3) Standing committees of the Legislature while the Legislature is in session.
(4) A governing board taking any action under the Students First Act of 2011.
(5) Any state board or agency acting in any quasi judicial capacity involving employment actions or the adoption of rules pursuant to statutory authority.
(6) Any state board, agency, or other governmental body conducting a hearing which could result in loss of licensure or professional censure.
(7) The Alabama Ethics Commission.

(e) Any vote taken at a meeting utilizing the equipment contemplated by subsection (a) shall be taken as a roll call vote that allows each participant to vote individually in a manner audible to all persons participating or present at the physical location provided for in subsection (b).
(f) A member participating in a meeting by means provided by this section may not claim any form of reimbursement for expenses relating to that meeting, including mileage and per diem.
(g) If the electronic communications fail or are in any way interrupted during a meeting otherwise in compliance with this chapter, that failure shall not be grounds to challenge any action taken during the meeting.
(h) Any governmental body comprised of members from two or more counties with specific statutory or constitutional authority to meet via electronic means under a procedure different than that set forth in this section may operate under the requirements of that specific authority or may adopt a resolution opting to come under the requirements of this section.
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