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Ind—P,blk access Cm ,I'
<br />Handbook- Inds-', P,bk Access Laws
<br />Updaed Nosenba 2011
<br />SECTION ONE: OVERVIEW OF THE
<br />INDIANA OPEN DOOR LAW
<br />INTRODUCTION
<br />The Open Door Law (` DDL')(Ind. Code 5.14-
<br />1.5), originally passed by the Indiana General
<br />Asseninly in 1977 and most recentlyalrerded in
<br />2003, was enacted to pelmir the public access to
<br />ireetings heli by public agencies. When the
<br />public has all opportunity to attend and observe
<br />meetings, the public may witness government it
<br />action and more My participate in the
<br />governmental process. The ODL wiII serve these
<br />purposes iftle public understands the provisions
<br />of this statute. This guide sets forth the basic
<br />ekimts of die ODL and provides answers to
<br />coinlonly asked questions. To obtain answers
<br />to more specific questions, please consult the
<br />provisions of the Indiana Code set forth in
<br />Section Two ofths guide.
<br />CO'N11 ONLY ASKED QUESTIONS ABOUT
<br />THE OPEN DOOR LAW
<br />The following are cornmonly asked questions
<br />about the ODL It s inporta nt to note the
<br />answers are rot the final authority on a
<br />particular issue, as die facts will vary from
<br />situation to situation Indeed, laws and court
<br />interpretations ofthe law are ever clanging. It is
<br />important to reronhber the answers to these
<br />questions are only guddelines, nay only apply to
<br />specific situations, and are subject to change.
<br />TT710 Inas access to government meetings?
<br />The ODL allows all mrtiiers of the public
<br />access to certain meetigs. There is no
<br />requiarent fDr a person to be a titian of to
<br />jurisdiction or a constituent of the governing
<br />body to be permitted access to a rieeting.
<br />Meat govertnnent meetings are open to the
<br />public?
<br />Generally, all rmetinngs of the governing
<br />bodies of public agencies mist be open at all
<br />titres so incrinbets ofde pub lc may observe and
<br />record than. Although this general rule rmy
<br />appear to be straigli forward and easy to apply, it
<br />contains several words and phrases which are
<br />given a specific araning by the ODL.
<br />Addi iomlly, several rapes of meetings are of
<br />required to be open to the public. To detail the
<br />fiill range ofinetings which must be accessible
<br />to the public, certain phrases inust be defined.
<br />117101 is a publis agency?
<br />The tern 'public agency" is defined very
<br />broadly by the ODL and encompasses many
<br />nYanines, which are set forth at I.C. §5.14-1.5-
<br />2(x). According to this provision, a public
<br />agency means the fallowing, among others:
<br />• Any board, conornihsion, depamnent,
<br />agency, authority, or other entity which
<br />exercises a portion of the executive,
<br />admihstrative, or legislative power of the
<br />state
<br />• Any entity subject to a budget review by the
<br />departireru of local government finance or
<br />the governing body of a county, city, town,
<br />township, or schoolcorporatiom
<br />• Any entity subject to an audit by the state
<br />board ofaccounts
<br />• Any building corporation of a political
<br />subdivision ofthe state ofIndiaa that issues
<br />bonds for the purpose of consaucting public
<br />facilities
<br />• Any advisory commission, commitee, or
<br />body created by stance, ordinance, or
<br />executive order to advise the governing
<br />body of a public ag►ericy, except for nodical
<br />staffs or the cornrnittees ofany such staff
<br />Exatnple 1: A school building corporation
<br />organized solely to finance school corporations
<br />(I.C. 21-5-11 or I.C. 21-5-12) is a public agency
<br />subject to the ODL.
<br />Example 1: A convention and visitor
<br />commission of an Diana county supported
<br />primarily by tax dollars is subject to the
<br />requireirent for public notice of meetings and
<br />records ofireetings mandated by the ODL
<br />r117at is a governhig body?
<br />The phrase "governing body"is defend at I.C.
<br />§5-14.1.5.2(b). A governing body is two or
<br />more sidividtals who are one ofthe following:
<br />. A public agency that is a board,
<br />lsdsm P,blkAccess C.—
<br />Handbook on [rum's P&lk A—n Lan s
<br />tpd—d No—bu 2011
<br />commission, authority, council coon ittee,
<br />body, or other entity which takes official
<br />action on public business
<br />The board, commission, council, or other
<br />body of a public agency that takes official
<br />action upon public business
<br />Any comnittee directly appointed by the
<br />governing body or its presiding officer to
<br />which authority to take official action upon
<br />public business has been delegated, except
<br />far agents appointed by a governing body to
<br />conduct collective bargaining on behalf of
<br />tae govelnino body
<br />In eadn of these defmititns, an ercuy, mut
<br />take official actio on public business to be
<br />considered a governing body.
<br />Example 1: Staff member of the state
<br />departruent of transportation ineet to discuss
<br />new requirements tinder federal highway laws.
<br />A representative ofa local engineering company
<br />wants to sit in on the meeting but is refused
<br />admittance. Ths meeting is not subject to the
<br />requirernetts ofthe ODL because staffnembers
<br />of a goverment agency do not constitute a
<br />"governing body" responsible for taking official
<br />action on public business.
<br />Example 2: Errployees of the state department
<br />of health conduct a meeting. The employees
<br />conducting the meeting are not rrenibers of the
<br />state board of health or any advisory cotnmittee
<br />directly appointed by that Board. The meeting is
<br />not subject to the requirements ofthe ODL
<br />Example 3: A curriculum committee, appointed
<br />by a school superintendent, who is to report its
<br />Sidings to the school board, is riot subject to to
<br />ODL because the superintendent is not to
<br />presiding officer of the schoolboard. The same
<br />cornnitee appointed by to school board
<br />president, however, would be subject to the
<br />ODL I.C. § 5-14-1.5-2(b).
<br />Erantple 4: The mayor, public works director
<br />and council president meet to discuss financial
<br />tatters. These individuals, although public
<br />officials, do not made up a governing body. The
<br />meeting would of be covered by the ODL
<br />TT71at is a hneeting?
<br />Mwing'rreans a gathering ofa majority of
<br />the governing body of a public agency for the
<br />purpose of taking official action upon business.
<br />I.C. § 5-14-1.5-2(c).
<br />Pxaniple 1: A t rljority of a city's police
<br />comttssioners gather to discuss previbusly
<br />intervhewedjob candidates prior to a fonmlvote
<br />on the matter. This qualities as a `nicotine"
<br />under the ODL
<br />Example 2: Prior to a public meeting, a majority
<br />ofinenttels ofa city zoning appeals board told
<br />a private session with die board's attorney.
<br />Board members questioned the attorney about
<br />legal mttels related to a constriction project
<br />that was tie subject of a public session. The
<br />private session constituted a meeting and
<br />violated the ODL.
<br />Example 3: A private foundation whose charge
<br />is the betterment of education holds a forum to
<br />release its most recent report regarding the
<br />quality of education within a particular school
<br />corporation. Four of seven school board
<br />members from de subject city warn to attend to
<br />hear the presentation. This is a `hreting" of the
<br />school board iftte nYnibers decide as a group to
<br />attend because de four weiribers constitute a
<br />"governing body" that is taking "official action'
<br />(receiving information) on `public business"
<br />(the school corporation). If each of the school
<br />board members receives an invitation and
<br />idependennly makes a detemmnation about
<br />whether to attend. it may not be a meting.
<br />Meat is not a meeting?
<br />The ODL lists seven types of gatherings riot
<br />considered 'hYetings." A meting does not
<br />inoixle die following:
<br />• Any social or chalice gathering not intended
<br />to avoid the requireiertts ofthe ODL;
<br />• Any on-site inspection of a project or
<br />program;
<br />• Traveling to and attending meetings of
<br />organizations devoted to de betterment of
<br />govertnrn ;
<br />• A caucus;
<br />• A gatherig to discuss an industrial or a
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