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WW-Pxklk Aeern Cmc I' H.dboak m L -4.W, RLlc Aaccss Lacs u'pdasd\o tw_20h1 comrrercialprospect that does not include a conclusion as to recomreridatiohs, policy, decisions, or final action on the terns of a request or an offer of public financial resources; • An orientation of members of the governing body on their role and responsibilities as public officials, but not for any other official action or • A gadering for die soh purpose of admiirstering an oath of office to an individual EvanTle 1: Before a tax neasire is voted upon in the General Asseribly, menbers of the nilJority patty met to discuss to patty's position The meeting is not subject to the ODL. A political caucus is not trarsfomr>ed into a m:etig subject to public scrutiny under the ODL merely because persona attending such caucuses happen to constitute a rrnjority of a governing body. Evanipte 2: A drainage committee decides to met one evening in a troubled area to obtain a fast -hand look at the problem This is not a meeting and is not subject to the law as lone as de committee does no more than inspecttie problem Example 3: A park board decides to make an onsite inspection of its new lake, but it does not givc public notice of its meeting, while at the lake, the board nenhbers decide to appropriate finds for a boat dock. The oro -sae inspection has become a meting and is subject to the requirements ofde ODL. Ecample 4: A majority oftic town board travels- to ravelsto a meting together and readies mecmrt on the outcome of various issues. The board members claim this was not a meting because they were traveling to and from a ' natiorkal meting of town boards. The actions of the board during their travel violated the ODL because the manners took official action on public business and did not simply travel to and from to mecting. Evatnple S: A local cafe is a popular spot for morning coffee, and several members ofa town board are aimrg the regulars. Frequently tie corive sation turns to inners of beat concern on the agenda for the next board meeting. The group discusses the issues and often decides 'khat should be dor." Ths discussion violates the ODL if the board rrenbers constitute a nnjoriry of the governing body. By deciding- issues ecidingissues before the meting, the board members have deprived the public of the oppornauty to hear the debate deeding to a decision Example 6: A county council and board of comarssioners gather to discuss the potential of an international company relocating to the county. This is not a meeting so long as tare is no concision as to recommendations, poli}', decisions, or final action on the tents of a request or an offer ofpublic financial resotrves. Example is After the election of new school board timbers, tie school corporation holds a gathering of the board incribers for an orientation of the board on tea roles and responsibilities. During the orientation, the board nimbers set and discuss the agenda for to next meeting. This is a meeting subject to the requuirerrerxs of the ODL because the board took official action beyond just receiving an orientation on teir roles and resporsbiliies. Can a member of a governing body attend a meeting electronically? Oericsally, a member of the governing body who is not physically present at the gathering but participates by telephone, computer, videoconferencing, or other electronic nears of communication may participate in the meeting. The rlernber, however, may not be courted present and tiny not participate in final action What is official action? A group is a govesnshg body and subject to to ODL only if it takes "official action" "Official action"means to receive infommtiar% dclibetate make recommendations, establish polity make decisions, or take final action I.C. § 5.14.15- 2(d). Etanrple 1: A city council schedules a meeting to set h rig and firing guidelines for city employees. The meting involves official action kili— Kblic Acttu C— Ix H.&,.km 1—'N —sP blk A— Lams Updasd No ..t. -011 since policy is being established. Evample 2: A inning board hears a presentation from an architectural film regarding the designation of historic preservation areas. No proposals are made nor are votes takcn. Yet, the board does take officialaction because the board is recessing information on public business. Moat is a serial meeting? A serial meeting is a series of small meetings held by a governing body it an attempt to avoid the requiremcahts of the ODL To address this, the General Assembly arrended the ODL in 2007 to prohibit a serial meeting. By definition the serial meting law can only be violated by governing bodies of siK or mare idMduals. A serial mcting occurs when members of a goveming body participate in a series of at least two meetings and allof the following conditions are int: • One gathering is attended by at least three mniiers but less than a quorum; • The other gatherings include at least two members oftre governing body, • The sten of different members parti:spatirq at least equals a quorum; • The gatherings concerti to same subject matter and are held within a period ofseven days; and • The gatherings are held to take official action on public busies. For purposes of the serial meting section a member of the governing body atterds by being present it person or by telephonic or other electronic reams, e.xcltding email. What if the need for a public meeting is uncertain? All doubts under the ODL must be resolved in favor of requiring a public meeting, and all exceptions to the ark requiring open meetings must be interpreted narrowly. Ahat is significant about ereruth-e sessions? Executive sessions are sigtiiticant because the ODL permits governing bodies to met privately tinder certain circumstances, "Eeecurive session" is defied in IC. § 5-14-15.2(f) aid mans a meeting from which the public is excluded, except that die governing body may adrni those persons necessary to carry out its Purpose. The ODL sets out the specific matters about whish a public agency can hold an executive session These include iistances Ike govemareru strategy discussions w ih respect to collective bargaining and litigation, interviews Of prospective employees, job performance evaluations, and the purchase or lease of Property by the public agency. For a complete list iqg, see Section Two ofths guide. Ecample 1: A local public works board meets in executive session before considering a tax Proposal because there have been nrmrs die Treasure may be challenged on constitutional grounds. Unless litienion is actually pending or threatened in writing, this is a violation of the ODL Example 2: A bcal school board mets it execurrve session to discuss aikged sexual harassmerr of a fellow enpbyee by a teadher in to district The board calls the teacher in to the executive session to dscuss to eonplairt. Ths is a pernnssrbk exectuicc sessions, so long as the board limits- its action to discussion of the comphiu and does not take ally final disciplinary action agaast die teacher. Evanrple 3: A town board mets in executive session with is attorney and the attorney for a person wha has filed a civil nidus action against the town The purpose of the meting s to discuss sealenxait of the lawsuit. This violates the ODL because de meting includes adversaries. Evanrple 4: A local public works board erects in execlaive session to open bids for a sewer Project. Unless authorized by federal or state statute, or tie bids are class Sed as confidential by statute, to executive session would violate die ODL. Example 3: The governing body of a state agency neers in executive session to discuss records containing trade secrets. Under the Access to Ptblk Records Act, which is addressed in Sections 3 and 4 of this guide, such records are exempt from pubic inspection, This A ~ 1 -'t