Indiana s Public Access Laws

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Indiana's Public Access Laws Heather Willis Neal Indiana Public Access Counselor Presented to Indiana Township Association November 13, 2007

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Open Door Law Basics The representing body of an open organization has an obligation to watch the strategy of the Open Door Law: that official move be led and made straightforwardly. The full content of the Open Door Law can be found at I.C. 5-14-1.5.

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Open Door Law Basics What is a meeting? A social affair of a dominant part of the overseeing body with the end goal of making authority move upon open business.

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Open Door Law Basics What is not a meeting? Any social or chance get-together not proposed to evade this part; any on location investigation of any venture, program or offices of candidates for help; flying out to and going to gatherings of associations dedicated to the improvement of government an assembly;

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Open Door Law Basics What is not a meeting? A social occasion to talk about a modern or business prospect that does exclude a conclusion as to suggestions, arrangement, choices or last activity on the terms of a demand or an offer of open money related help; An introduction of individuals on their part and obligations as open authorities; or A get-together for the sole motivation behind regulating a vow

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Open Door Law Basics What is "official activity?" accepting data pondering settling on proposals building up approach settling on choices making last move

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Open Door Law Basics Serial gatherings 2007 General Assembly added new dialect to preclude serial gatherings 3 individuals however not exactly a majority meet subsequent gatherings of no less than 2 individuals sum of all gatherings constitutes a majority held inside 7 days to make official move on open business **The serial meeting law does not matter to representing bodies with less than seven individuals.

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Open Door Law Basics Executive session A meeting from which general society is prohibited, aside from people important to do business (welcomed by overseeing body) There are 13 official session occurrences The cases are barely translated The representing body may not make last move in an official session

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Open Door Law Basics Common official sessions Discussion of procedure concerning start of case or prosecution that is pending or has been undermined particularly in composing (I.C. § 5-14-1.5-6.1(b)(2)(B)) To get data about and meet imminent workers (I.C. § 5-14-1.5-6.1(b)(5)) To talk about work execution assessment (I.C. § 5-14-1.5-6.1(b)(9)

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Open Door Law Basics Time for Notice The notice necessities apply to open gatherings, reconvened gatherings, rescheduled gatherings, and official sessions Must post notice of date, time and area of meeting 48 hours ahead of time of meeting, excluding Saturdays, Sundays, or legitimate occasions

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Open Door Law Basics Posting or conveyance of Notice must be posted at office's vital office or at meeting place if there is no office The organization must convey notice to all news media that convey by January 1 a yearly composed demand for such takes note. The conveyance of notice to news media does not meet the "posting" prerequisite, regardless of the possibility that the media distribute the notice or promote your meeting.

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Open Door Law Basics Requirements for notice, proceeded with Notice of standard gatherings need be given just once every year, aside from that an extra notice should be given where the date, time, or area of a consistent meeting is changed. Official session see must be posted with every session; the ODL doesn't permit notice of "general" official sessions or a "waste can" approach of posting every conceivable purpose behind the official session

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Open Door Law Basics Special notice prerequisites for official sessions: The notice must contain an indistinguishable data from for an open meeting however should likewise express the topic by particular reference to the identified instance(s) for which official sessions might be held. (e.g., "to meet imminent workers according to I.C. § 5-14-1.5-6.1(b)(5).")

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Open Door Law Basics Agenda and Memoranda Requirements An organization is not required to have a motivation under the ODL. In the event that the administering body uses a motivation, the plan must be posted outside the meeting sooner or later before the meeting – the ODL does not give a period by when the motivation must be posted with the exception of that it must be posted before the meeting starts

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Open Door Law Basics Agenda and Memoranda Requirements An office may go astray from its posted motivation unless a particular statute gives generally. A last activity received by reference to plan number or thing alone is void

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Open Door Law Basics Agenda and Memoranda Requirements Memoranda must be kept as the meeting advances, and contain the accompanying: Date, time and area of meeting Members present and missing The general substance of all matters, proposed, talked about, or chose A record of all votes taken, by individual individuals if there is a move call

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Open Door Law Basics Agenda and Memoranda Requirements The memoranda are to be accessible inside a sensible timeframe after the meeting. The minutes, assuming any, are to be open for investigation and duplicating. Draft minutes of an open meeting are disclosable open records regardless of not being in definite frame or received by the overseeing body.

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Open Door Law Basics Special memoranda prerequisites for official sessions: Same necessities concerning gatherings, aside from the memoranda and minutes must distinguish the topic considered by particular reference to the identified occurrence or occasions for which open notice was given. The memoranda and minutes must guarantee no other matter was talked about.

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Open Door Law Basics A privilege of the general population to record the meeting, found at I.C. § 5-14-1.5-3(a) incorporates the privilege to sound or video record the meeting. A representing body may put sensible limitations on the utilization of such gear, yet may not boycott the utilization of sound or video recorders.

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Open Door Law Enforcement Provisions A man may document a protestation with the Office of the Public Access Counselor asserting refusal of rights under the ODL. A man may record an activity in a court to get an explanatory judgment; urge infringement; or pronounce void any arrangement, choice or last activity, in specific situations.

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Access to Public Records Act Basics "It is the general population approach of the express that all people are qualified for full and finish data with respect to the issues of government and the official demonstrations of the individuals who speak to them as open authorities and workers." I.C. §5-14-3-1.

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Access to Public Records Act Basics "Giving people the data is a vital capacity of an agent government and a vital business as usual obligations of open authorities and representatives, whose obligation it is to give the data." The full content of APRA can be found at Indiana Code 5-14-3.

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Access to Public Records Act Basics General Rule: Any individual may examine and duplicate the public records of an open office during the office's normal business hours, unless there is an exemption to disclosure in law.

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Access to Public Records Act Basics "Open records" are comprehensively characterized: can be outlined as "any material that is made, gotten, held, kept up or documented by or with an open office." The Indiana Court of Appeals has added to this definition any material made for or for the benefit of an open office.

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Access to Public Records Act Basics "Duplicate" incorporates photocopying and also making a computerized duplicate utilizing an advanced camera or a hand-held scanner. "Investigate" incorporates the privilege to make notes, edited compositions and memoranda, or to listen to an audiotape.

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Access to Public Records Act Basics The office may require a man to present a demand for an open record in composing, on or in a frame provided by the office. The office might either make the asked for duplicate or permit the individual to make a duplicate on the organization's hardware or on the individual's own gear.

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Access to Public Records Act Basics An office must try sensible endeavors to give a duplicate of electronic information to a man if the medium asked for is perfect with the office's framework. In the event that a record contains disclosable and nondisclosable data, the organization should isolate the disclosable material and make it accessible.

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Access to Public Records Act Basics Public Agency's Responsibility Respond to demands made face to face or over phone inside 24 hours of receipt. React to sent, faxed, or messaged asks for inside 7 logbook days of receipt. React in composing to composed solicitations for records; best practice is to react to all solicitations in composing. Records are not required to be delivered at the season of the reaction.

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Access to Public Records Act Basics Agency's Responsibility, proceeded If denying records, state purpose behind foreswearing with reference to power, and give name and title or position of individual in charge of disavowal. Deliver records in sensible time; correspondence with individual asking for is vital.

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Access to Public Records Act Basics Exemptions to divulgence I.C. § 5-14-3-4 Section 4(a) classifications are private Declared secret by state statute Required to be kept secret by government law Patient restorative records made by a supplier Declared classified by manage received by Indiana incomparable court (Administrative Rule 9)

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Access to Public Records Act Basics Section 4(b) are optional classes Investigatory records of law authorization Attorney work item Personnel document data, aside from data that