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1 1.di-Pb1> Access Ca k< Handbook- Indies', PLL+Ic Access L- Cpd—d \e artier 1011 discussion is appropriate for an executive session. i When must a public ogertet• give nonce of an e,recuthv session? Public notice ofan executive session most be given 48 hours it advance of every session, excluding Saturdays, Sundays and legal holidays, and Inst state the throe, date, location and subject natter by reference to the specific statutory exception ceder which an executive session nay be held. Example: A corrin sion posts notice indicating it will meet it executive session to discuss "personnel ratters authorized under the Open Door law." Unless the specific statutory exception is ilentifed, this is a violation There are executive session instances which albw executive sessions for specific types of personnel natters (e.g. a job performance evaluation): but there is no instance allowig a metim to discuss "personnel matters." Mien can a governing body take final action at on item which is the subject of an erecutne session? Final action (ie. a vote) must be taken at a nret it-- open to the pub lic. Example: A board meets in executive session to review an idividuars job perib annce. At the next regular board meeting, the presiding officer arumwKes the board has voted to temninnate the eInployee. This is a violation ofI.C. § 5-14-1.5- 6. l(c). The board's vote, or foal action, was not taken at an open meetig. The board can take decisions in the executive session but cannot take final action in executive session A PUBLIC AGENCY'S RESPONTSIBILITIES UNDEP THE OPEN DOOR LAW The ODL requires public agencies to schedule and conduct mectings it a fashion that enhances the public's access to and understanding of governental meetings. The folbw ing question explore these requirements. Wien can I see a copy of the meeting agenda so 1 will know the order of proceedings? A governing body of a public agency is not required to use an agenda, but if it chooses to utilize ore, the agency mut post a copy of the agenda at the entrance to the location of the meeting prior to the rneting. In addition, the public agency Inst descrbe each agenda tem specifically during a meting and may not refer solely to an agenda item by number. The ODL does not prohibit a public agency S-om changing or adding to is agenda during the meting. Example: The clerk posts the agenda outside de meeting room one lour prior to the meetirn. This is not a violation of the ODL because the agenda was posted prior to the meting. Unlike the meting notice, the agenda is not required to be posted 48 hours prior to the meting. Evanrpie: The presiding officer of a meettig announces the next vote by saying, "Now we will vote on Item 2, the purchase ofproperty at 200 Alain Street" This was not a violltbn because the reference was not to the tem number alone. Suppose I am unable to attend an open meeting and want tofind ind out what happened. What ran I do? You can obtain a copy of the meeting iemmnunda. The ODL requires the folbwite memoranda to be kept: • date, time, and place ofthe meting; • the members ofthe eovemig body recorded as either present or absent; • the general substance of all matters proposed, discussed or decided; and • a record of all votes taken by tdi6dunl mmrbers, ifthere is a rolicall. The memoranda are to be available within a reasonable period of time after the meting for the purpose of infornirng the public of the governing body's proceedings. Shut a governing body keep minutes, of its meetings? There is no requirement it the ODL for a public agency to keep minutes of its tnecting. Afintes ofa meeting, ifany, are to be open for public inspection and copyilg. A public agency Wi, Nb1k AvertsC-1. HsdboA on Indnsm's Pi61x Access Lim s U pd -d \trba :011 achy not deny access to initiates of a nretitg shypl<• because dry are still in "draft" form or have not yet been approved. Such records are disclosable public records user the APRA. See Sections 3 and 4 ofthis handbook. Mutt if errors occur in the minutes of an open meeting' The govetnilg body may correct inin tes offs meetings and mike corrections to the record where errors have occurred it properly recording the minutes. Modification and amendments may be made to entries ofininaes. Hot,, will I knit, if an open meeting has been scheduled? The ODL requires public notice ofdate, time, and place ofany meetings, executive sessions, or of any rescheduled or recomYred meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays, and legal holidays. A public agency must post a notice of meetings at the prin4al office of the agency, and enc, such office exists, at de place where the meeting is to be held. See Section 2 of this handbook regarding I.C. § 5-14-1.5.5. State agencies are also required to provide electronic access to meeting notices on the Internet. There may also be oilier statutes governing notices ofparticular meztings. See Appendices D and E for sample meeting notices. Example: A board posts a notice that ind •rates a public meeting wiillbe held "after the executive session" This is not proper notice because it does not provide the tier the Ireeting is scheduled to begin TMat if a meeting is necessmy to deal with an emergency? If a meeting is called to deal with an emergency involving actualor threatened dairy• to person or property, or actual or threatened dintptim of goverrurental activity tinder the public agency's juursdiction, the 48-hour notice requirement does not apply. News credit which requested notice ofinetirns in accordance with I.C. § 5-14-1.5-5(b)(2) must be given die sarre notice as members ofthe goveming body. Thr public must be provided notice by the posting of the notice outside the principal office of the public agency. What special notice requirements apply for the media? For governing bodies holding regularly scheduled meetings. notice reed only be given once each year to all news radia which have trade a tinely request in accordance with I.C. § 5-14-1.5-5(bj 2).'Notices for executive session and additional open meetings mtst be delivered 48 hours before a rreeting to news media which properly requested such not kes. May a governing body rote by secret ballot? During a meztig of the governing body of a public agency, the governing body cannot vote by secret ballot. Erample: A coni rissim votes by written ballot, which may be signed, initialed or Y8 unsigred at the idiyduals discretion This is a secret balbt and thus a violation oftle ODL. In :chat manner should a rote be taken? The ODL does not requite votes to be taken it any particular manner. so long as a secret ballot is not utilized. Example: At a meeting of all three nrrrbers of the board of county comm sioners, orr corrnrissiorer suggests John Doe would make a good county bridge superintendent- Tle other two commissioners agree, and the staff is directed to inform Afr. Doe Ir is the new bridge superintendent. No formal motion is made and seconded and no roll call vote is taken The appointment is valid because the ODL does not require the commissioners to take a formal vote. Slat• I bring a v ideo camera or tape recorder to an open proceeding to record a meeting? A person has the rt under the ODL to be present at a public ntretig, other than an executive session and to record the meeting by videotape, shorthand, or any other irrthod of recording. subject to reasonable restriction as to equ} rrent and use that may be imposed by the governing body. Rules and reguilations prohibiting the use ofcameras, tape recorders or other recognized man of recording a meting are void.