The Indiana Publisher

August 2017 Page 3 The following questions were sub- mitted by The Commercial Review (Portland), North Manchester News- Journal, The Brookville American and The Brookville Democrat, and The Standard (Boonville): I was wondering if you could give me any advice on the possible success of filing a records request for the entirety of emails sent and received from a public officials' account during a calendar year, specif- ically the mayor of Portland. Is that too broad of a request? If so, would there be a better way to narrow it? Asking for all of the emails of the mayor probably would trigger a response saying the city was denying the public records request based on lack of reasonable particularity. There is an Indiana Court of Appeals case that would support that position (There is another Court of Appeals case that would create a different result, but the state Supreme Court hasn't decided yet to resolve the conflicting decisions.) Unless you want to be the test case taken up to the Supreme Court on this matter, I'd advise you to narrow your request by key word, name, or timeframe to avoid the whole "particularity" question. I have a question regarding a possible violation of the Open Door Law by the Wabash Board of Zoning Appeals. The board met July 20 for its regular monthly meeting. The newspaper did not receive an agenda for the meeting, nor did at least one other media outlet in the city. I checked the front door of City Hall, where agendas for the various boards are placed prior to the meeting, and there was no agenda on there. Shortly before the start of the meeting, I was able to contact the mayor and asked what was to be discussed at the meeting, and was told it had to do with "an automobile disassembly facility" seeking a special exception. I emailed the building commissioner, mayor and city attorney this morning, asking why, with such a possible controversial subject as an automobile disassembly facility being discussed, there weren't any agendas sent out to the media or posted in the normal location at City Hall? I wanted to check with you to see if you believe, as I do, that this is a violation of the Open Door Law? I'm assuming that the Wabash Board of Zoning Appeals responded to your paper's request in December to be notified of all meetings as prescribed under the Open Door Law. I'm guessing in January the board let the paper know that they regularly meet the Third Thursday of the month at 7:30 p.m. If that's accurate, then the BZA satisfied its notice requirements for all regular meetings for 2017. They still would need to give the newspaper at least 48 hours notice of any executive session meetings or special meetings beyond the regular meetings. As to agendas: There is no requirement under the Open Door Law for governing bodies to even use agendas. The only requirement, if a governing body does use an agenda, is that it must post the agenda at the door prior to the meeting. [See IC 5-14-1.5-4.] Unless the newspaper never received notice of the regular meeting times for BZA meetings, there was no violation of the Open Door Law due to the lack of an agenda. Franklin County com- missioners, county council members and several elected office holders have been served with tort claims from two former deputy auditors. At what point does the tort claims become public record? When it is filed at the clerk's office or it is distributed to the county officials? I have not found it at the clerk's office yet. However, it has been distributed to county officials. It's a disclosable public record as soon as it is filed with the county. It does not matter whether it was served on the public officials or filed with the clerk's office - either way, it should be made available for inspec- tion and copying. I have a question about the actions of the city council to purchase a golf course. The council passed an ordinance to approve the issuance of bonds to move forward with the negotiation process. A lot of people are convinced it's a bad deal and in the last special meeting, one of the council members asked to see the last five years of fiscal reports from the golf course. The mayor said he could be privy to that information, but the public could not be. He didn't really like that, but the attorney told him that in order to make that information public, they would have to appeal to the company that owns the golf course to release that information. I know that, per the Open Door Law, fiscal matters related to the purchase of real property is a topic that can be discussed in close meetings and can be kept private until the purchase is final. However, we were wondering if there was any way to get that information and report on it before the matter comes to a vote? Yes, the Open Door Law allows for an executive session for strategy when it comes to purchasing property and the Access to Public Records Act allows the council to keep confidential information collected for an executive session topic, which the privately owned golf course could have been asked for as part of the negotiating process. The mayor has the discretion to keep the info secret, particularly if that was a condition imposed by the golf course before turning the information over to the city. I suggest you reach out to the golf course. If the owners show the profitability of the course, that would help the council sell the idea to the public, but that choice to release is totally up to the owners. A Q Q HSPA Legal Hotline Q A Email: info@newspaperconsultants.com | Phone: 910-323-0349 | www.newspaperconsultants.com Boost your annual advertising revenue with a new or existing TV magazine! ANC currently serves over 25 daily newspapers in Indiana and would love to partner with YOUR newspaper! Contact us at 910-323-0349 for more informa�on on this money-making sales program! Email: info@newspaperconsultants.com | Phone: 910-323-0349 | www.newspaperconsultants.com Q A A Sylvia, Hays and Warner Ferriell prepare to represent Leader Publishing Company LPC) of Salem in the 187th annual Pekin Fourth of July parade. They are the children of Stephanie Taylor Ferriell, editor of The Salem Leader and The Salem Democrat, and her husband, Darin. Pekin hosts the oldest consecutive Fourth of July celebration in the nation. The LPC newsies won first place for best walking unit in this year's parade. Photo: The Salem Leader

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