Indiana s Public Access Laws

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Indiana's Public Access Laws Heather Willis Neal Public Access Counselor Indiana Recorders Association April 15, 2008

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Open Door Law Basics The overseeing body of an open office has an obligation to watch the arrangement of the Open Door Law: that official move be led and made transparently. The full content of the Open Door Law can be found at Ind. Code 5-14-1.5.

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Open Door Law Basics What is a meeting? A social occasion of a lion's share of the representing 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 expected to stay away from this part; any on location assessment of any venture, program or offices of candidates for help; flying out to and going to gatherings of associations committed 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 proposals, arrangement, choices or last activity on the terms of a demand or an offer of open budgetary help; An introduction of individuals on their part and obligations as open authorities; or A get-together for the sole reason for overseeing a vow

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

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Open Door Law Basics Serial gatherings 2007 General Assembly added new dialect to restrict serial gatherings, where 3 individuals yet not exactly a majority meet and after that consequent gatherings include no less than 2 individuals (and the whole of all meeting participants constitutes a majority) all held inside 7 days to make official move on open business.

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Open Door Law Basics Executive session A meeting from which people in general is rejected, aside from people important to complete business There are 13 official session cases The cases are barely understood The overseeing body may not make last move in an official session

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Open Door Law Basics Common official sessions Discussion of system regarding start of suit or case that is pending or has been debilitated particularly in composing (I.C. § 5-14-1.5-6.1(b)(2)(B)) To get data about and meet planned 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 lawful occasions

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Open Door Law Basics Posting or conveyance of Notice must be posted at office's main office or at meeting place The organization should likewise 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 Special notice prerequisites for official sessions: The notice must contain an indistinguishable data from for an open meeting, yet should likewise express the topic by particular reference to the specified instance(s) for which official sessions might be held. (e.g., "to meet imminent workers as per 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 representing body uses a plan, the motivation must be posted outside the meeting sooner or later before the meeting – the ODL does not give a period by when the plan must be posted

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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, examined, 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 review and duplicating. Draft minutes of an open meeting are disclosable open records in spite of not being in conclusive frame or received by the overseeing body.

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Open Door Law Basics Special memoranda prerequisites for official sessions: Same necessities with respect to gatherings, aside from the memoranda and minutes must recognize the topic considered by particular reference to the identified occasion or cases for which open notice was given. The memoranda and minutes must confirm no other matter was talked about.

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

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Access to Public Records Act Basics "Giving people the data is a key capacity of a delegate government and a fundamental 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 Ind. Code 5-14-3.

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Access to Public Records Act Key definitions "Open Record" implies any composition, paper, report, consider, outline, book, card, copying, or other material that is made, gotten, held, kept up, or documented by or with an open office and which is created on paper, paper substitutes, photographic media,...

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APRA Overview "Open record" proceeded: synthetically based media, attractive or machine decipherable media, electronically put away information, or some other material, paying little heed to shape or attributes. The Indiana Court of Appeals has added to this definition materials made for or for the benefit of an open organization. Knightstown Banner, LLC v. Town of Knightstown , 838 N.E.2d 1127 (Ind. Ct. Application. 2005)

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Access to Public Records Act Basics "Duplicate" incorporates photocopying and in addition making an advanced duplicate utilizing a computerized camera or a hand-held scanner. "Assess" incorporates the privilege to make notes, modified works 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 organization might either make the asked for duplicate or permit the individual to make a duplicate on the office's gear or on the individual's own particular hardware.

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Access to Public Records Act Basics An organization must endeavor sensible endeavors to give a duplicate of electronic information to a man if the medium asked for is perfect with the office's framework. On the off chance that a record contains disclosable and nondisclosable data, the office might 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. Reacting is not really creating the record.

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

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Access to Public Records Act Basics Exemptions to exposure I.C. § 5-14-3-4 Section 4(a) classes are classified Declared private by state statute Required to be kept secret by government law Declared private by manage embraced by Indiana preeminent court (Administrative Rule 9) Social security number contained in the records of an open office

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Access to Public Records Act Basics Section 4(b) are optional classifications Investigatory records of law implementation Attorney work item Personnel document data, aside from data that must be uncovered Telephone number, address, and standardized savings number of a client of a municipally-possessed utility

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Access to Public Records Act Basics Fees Local organizations (urban communities or towns) may charge just the expense plan received by the financial body of the office (town or normal committee). May not surpass the real cost for giving a duplicate of people in general record. Real cost is the cost of the paper and per page cost for utilization of the hardware.

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Access to Public Records Act Basics Fees, proceeded with Agencies may require propel installment. APRA's general arrangements on charges are superseded by a particular statute permitting higher expense. I.C. § 36-2-7-10 records particular expenses to be gathered by recorders

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Access to Public Records County recorders have another particular arrangement in regards to access to records: I.C. § 36-2-11-8(b) requires a recorder to set up a composed technique for general society to get access to a unique instrument with a specific end goal to shield the instrument from misfortune, adjustment, mutilation, or decimation. The recorder might post the composed strategy in the recorder's office.

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Access to Public Records Act Basics Retention of records The APRA requires an office to shield records from misfortune, change, mutilation, or devastation. Every region ought to have a com