Handbook on Indiana’s Public Access Laws ... - IN.gov

1 indiana Public Access Counselor Handbook on indiana s Public Access laws Updated November 2011 1 Handbook on indiana s Public Access laws OFFICE OF THE Public Access COUNSELOR TABLE OF CONTENTS Letter from the Public Access 4 SECTION ONE: OVERVIEW OF THE indiana OPEN DOOR 5 COMMONLY ASKED QUESTIONS ABOUT THE OPEN DOOR 5 Who has Access to government meetings? .. 5 What government meetings are open to the Public ? .. 5 What is a Public agency? .. 5 What is a governing body? .. 5 What is a meeting? .. 6 What is not a meeting? .. 6 Can a member of a governing body attend a meeting electronically?

2 7 What is official action? .. 7 What is a serial meeting? ..8 What if the need for a Public meeting is uncertain? .. 8 What is significant about executive sessions? .. 8 When must a Public agency give notice of an executive session?.. 9 When can a governing body take final action on executive session subject matter?.. 9 A Public AGENCY S RESPONSIBILITIES UNDER THE OPEN DOOR LAW .. 9 When can I see a copy of the meeting agenda? ..9 What can I do if I am unable to attend the open meeting? ..9 Must a governing body keep minutes of its meetings?..9 What if errors occur in the entries of the open meeting s minutes?

3 10 How will I know if an open meeting has been scheduled? ..10 What if a meeting is necessary to deal with an emergency? ..10 What special notice requirements apply for the media? ..10 May a governing body vote by secret ballot? .. 10 In what manner should a vote be taken? .. 10 May I bring my video camera or tape recorder to an open proceeding to record the meeting?.. 10 Do I have the right to speak at open meetings?.. 11 May a meeting be set at any time? .. 11 Where can meetings be held? .. 11 Must a Public agency formally adjourn its meeting?.. 11 REMEDIES FOR VIOLATIONS OF THE OPEN DOOR LAW.

4 11 What can I do if I think a governing body has violated the indiana Open Door Law?.. 11 What remedies are available if the indiana Open Door Law is violated?.. 11 Are there any time limits on filing a legal action? .. 11 Who pays for my attorney if my legal action is successful? What if I lose?.. 12 CONCLUSION .. 12 SECTION TWO: THE OPEN DOOR LAW AND LEGAL COMMENTARY ..12 12 12 Open meetings; secret ballot 14 Serial meetings ..15 Posting of agenda; memoranda of meetings; Public inspection of 15 indiana Public Access Counselor Handbook on indiana s Public Access laws Updated November 2011 2 Public notice of meetings.

5 16 Executive sessions .. 17 Collective bargaining meetings; applicable 19 Violations; remedies; limitations; costs and fees .. 20 Accessibility to individuals with disabilities .. 21 SECTION THREE: OVERVIEW OF THE indiana Access TO Public RECORDS 22 COMMONLY ASKED QUESTIONS ABOUT THE Access TO Public RECORDS Who may Access Public records? .. 22 What kind of documents may be accessed?.. 22 What records may not be accessed? .. 22 May I request information in the form of a list?.. 24 When can Public records be accessed? .. 24 How can Public records be accessed? .. 24 What is enhanced Access to Public records?

6 25 What are the Public agency s responsibilities when I submit a request? .. 25 May a Public agency deny a request? .. 25 What if a Public agency denies my request? .. 25 May a Public agency charge individuals for inspecting and copying Public records?.. 26 What if confidential records are disclosed or Public records are not protected from destruction?.. 26 CONCLUSION .. 26 SECTION FOUR: THE Access TO Public RECORDS ACT AND LEGAL COMMENTARY .. 26 Public policy; construction; burden of proof of 26 Definitions .. 27 Right to inspect and copy Public agency records .. 29 Enhanced Access to Public records; state agencies.

7 31 Enhanced Access to Public records; Public agencies .. 31 Records excepted from disclosure requirements; time limitations; destruction of records.. 32 Job title or job descriptions of law enforcement officers .. 36 Records relating to negotiations by the indiana economic development corporation ..36 Records of the indiana finance authority ..36 Records of the ports of indiana ..37 Information relating to arrest or summons; jailed persons; agency records; inspection and . 37 Sealing of certain records by court; hearing; notice .. 38 Partially disclosable records; computer or microfilm record systems; 38 Confidentiality of Public records.

8 39 Protection against loss, alteration, destruction and unauthorized enhanced 39 Fees; copies .. 39 Enhanced Access fund; establishment by ordinance; 40 Electronic map generation fund; establishment by ordinance; 40 Denial of disclosure; action to compel disclosure; intervenors; burden of proof; attorney s fees, 41 Confidential information; unauthorized disclosure or failure to protect; offense; 42 SECTION FIVE: OVERVIEW OF THE OFFICE OF THE Public Access COUNSELOR .. 42 What is the role of the Public Access Counselor?.. 43 Who may utilize the services of the office?.. 43 What is the process for filing a formal complaint?

9 43 Must I file a formal complaint to obtain assistance? .. 44 Why file a formal complaint or seek an informal inquiry from the Counselor? .. 44 How do I contact the Counselor?.. 44 indiana Public Access Counselor Handbook on indiana s Public Access laws Updated November 2011 3 SECTION SIX: THE Public Access COUNSELOR 44 Public Access 44 Formal complaints to the Public Access counselor .. 46 APPENDICES APPENDIX A: Public Access COUNSELOR ADMINISTRATIVE RULE .. 48 APPENDIX B: CHECKLIST FOR Public APPENDIX C: SAMPLE Public RECORDS REQUEST APPENDIX D: SAMPLE APPENDIX E: OTHER HELPFUL APPENDIX F: Public Access COUNSELOR CONTACT INFORMATION.

10 53 APPENDIX G: FORMAL COMPLAINT FORM ..54 indiana Public Access Counselor Handbook on indiana s Public Access laws Updated November 2011 4 The Office of Public Access Counselor and the Office of the indiana Attorney General are pleased to provide you with a copy of this Handbook on indiana s Public Access laws . The indiana General Assembly created the Office of Public Access Counselor in July 1999. The role of the Office, among other things, is to prepare and distribute interpretive and educational materials, such as this Handbook , in cooperation with the indiana Attorney General.