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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 <br />