The Indiana Coalition for Open Government
0 commentsOur Vision:
1. We envision a society in which all citizens enjoy full unimpeded access to public records and the public decision-making process. We believe such access is vital to the proper functioning of our democracy.2. We envision a government where public employees and elected officials act as the servants of citizens seeking access.
3. We envision a public access system that is easy and inexpensive for citizens to navigate.
4. We endorse the principles included in the preamble to the Indiana Open Records Act which states:
"A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.''
What I have written on the Open Door Law can be found at this link.
Follow up: Ivy Tech and Open Door Law
0 commentsAs mentioned later in this article, revisiting the vote lessens the chance of litigation. Well, if the law cannot prevent those operating under the Open Door Law from breaking the law, then the law can be used to embarrass them into correcting the breach.
Ivy Tech Board to revisit hiring vote By ANDY GAMMILL
The Indianapolis Star“We respect her position, so we’re going to, both at her and our counsel’s advice, have a discussion on the agenda,” Brand said. “As far as I know, there are no limits of what course that discussion might take.”
INDIANAPOLIS — Ivy Tech Community College’s board will again take up its decision to hire an Anderson businessman as president after the state’s public access counselor determined the board acted illegally, the board said Monday.
Vice Chairman Jesse Brand said Ivy Tech Community College disagrees with Karen Davis’ ruling but will discuss the issue publicly as a board.
Davis determined last week that two votes in a closed-door executive session violated state law. She also said that the board probably broke the law by deliberating in private, although she said case law isn’t as clear-cut on that issue.
Although the board will discuss the matter again at its April 19 meeting in French Lick, Brand said he believes the board will not change its mind in hiring Thomas J. Snyder as Ivy Tech president.
I am a bit surprised that Advance Indiana has not posted on this by now but that blog is taking a close look at the defeat of the hate crimes bill.
Open Door Law News: Ivy Tech Violates Statute
0 commentsIt's unclear whether Davis' ruling will have any impact on the ultimate outcome here. There's no indication the Board is going to reopen its selection process as the Governor's office would like it do, although it's decision could be voided if someone takes the Board to court. The Board could still wind up selecting Snyder even if it has to redo the process.
Open Door/FOIA: GovernmentDocs.org
0 commentsFor those with the interest, I suggest taking a look."GovernmentDocs.org was created to advance the values of open and accountable government. This site gives the public an unprecedented level of access to government documents by allowing users to browse, search, and review hundreds of thousands of pages acquired through the Freedom of Information Act (FOIA) and other public disclosure, or “sunshine,” laws."
Indiana House passes ban on serial meeting loophole to Open Door Law
0 commentsThe FOIA blog
0 commentsSeminar on Indiana's Open Door Law
0 comments"Set aside November 8 for a very special day of training for journalists and citizens on access issues, hosted jointly by ICOG, the Indiana State Bar Association, and the Hoosier State Press Association. USA TODAY Editor Ken Paulson is the keynote speaker. Check out our other speakers and plan to join us in downtown Indianapolis for another great training event."For more information: Access Boot Camp – Register Now!
Open Door Law and 911 Calls
0 commentsIn an advisory opinion issued Friday, the Indiana Public Access Counselor said the Wayne County prosecutor was within his rights in withholding public records involving the deaths of two Centerville girls in September.Access counselor Heather Willis Neal said that Mike Shipman did not violate the Indiana Access to Public Records Act when he withheld the 911 tape of the call made Sept. 1 from the home of Dale and Lonny Stanley. Lonny Stanley phoned 911 after she found her daughter, Erin Stanley, not breathing in her bedroom.
Palladium-Item reporters had requested the tape as a public document from the county's 911 Dispatch Center. At the time, Shipman said the tape was part of the Centerville Police Department's investigation into the deaths of Erin and Kelly Stanley.
Investigatory records are exempt from public inspection and copying by Indiana law.
The Palladium-Item also requested the 911 tape of the Sept. 7 call to the dispatch center when Kelly Stanley was found dead in her home, but later was told that that taped recording did not exist because of a mechanical failure in the dispatch center.
Shipman said he was pleased with the access counselor's opinion.
"Her opinion supported my decision to delay releasing the 911 recording," he said. "I thought it was important to give law enforcement time to interview Mrs. (Lonny) Stanley about it before it was given to the public."
But Hoosier State Press Association attorney Steven Key disagreed with the opinion.
"As they were created, I do not believe the 911 tapes were investigatory records and just by their going from one agency to another does not change their status," Key said. "I still believe this record should be open for inspection and copying."
Neal's opinion also differs from one by her predecessor, Karen Davis, issued in 2006.
I doubt that court will be the next step but oen can hope for more than an advisory opinion. Why? Being adviory means that the iopnion binds no one. What would be a binding interpretation? One from the Indiana Supreme Court would be best.
