The Indiana Publisher

The following questions were sub- mitted by the Times-Union (Warsaw), Kokomo Tribune, Spencer Evening World: We've run into some issues with the Howard County Community Corrections Advisory Board, which has been in the spotlight due to the upcom- ing implementation of a work release facility in Howard County. On Friday, the board sent us noti- fication of a meeting to be held only two-and-half hours later. After we raised concerns with the chairman of the board, a local judge, they resched- uled the meeting. But that rescheduling has created a new set of issues. They resched- uled the meeting to noon on Tuesday, but they made that announcement at approximately 12:15 p.m. Friday. So with that timeline, they couldn't pos- sibly meet the 48-hour public notice requirement through Open Door Law, correct? In addition, they haven't sent us official notification of the meeting and they haven't posted any sort of notifi- cation at the Community Corrections office or at the planned meeting loca- tion. They told me in person the time and date of the rescheduled meeting, but from my understanding of state law, that does not meet any sort of ODL requirement Lastly, I learned they held a special meeting on Sept. 7, during which they approved the spending of roughly $100,000. We did not receive notifica- tion of this meeting, and we are not aware of any other sort of public noti- fication. Is it correct to conclude that this was an illegal meeting? And that the approved spending could be chal- lenged? Yes, the verbal notice would be 15 minutes shy of the required 48 hours. I don't know if asked whether a judge would declare an action taken in that meeting null and void, but it is a viola- tion. If the board failed to give media outlets (those that requested notice prior to the start of the year) 48-hours notice in writing, by fax, or email then you also would have a violation - one that is more likely to result in judicial agreement to void an action if someone files a lawsuit against the board. Here's my dilemma. I have a man who is being charged as an adult for sexual battery on a four-year-old. He has accepted a plea deal that includes no jail time - leading to anger from the victim's family. The family tells me he has prior juvenile convictions for child molestation, which I'm trying to verify. Can I get juvenile delinquency records? Unless the juvenile delin- quency cases were prior to when the law changed, if he was accused of an act that would be a felony if committed by an adult, which should cover child moles- tation, then there are documents from that case file that should be made available for copying and inspection. So, you'll have to check with the juvenile court and make a request to see the records from this person's juve- nile files that would fall under this pro- vision for access. The school corporation here is lumping all personnel resignations and terminations into one category. My reporter asked if those could be separated, as they used to be. She was told the cor- poration is handling it this way so as no one is singled out and embarrassed as "terminated." I made a formal request for the sepa- ration via email to the superintendent who replied "I've sent your request to the Board as they establish the final agenda." Do these personal actions not under the Access to Public Records Act? Termination of employees or acceptance of resignations appears to be a final act of the school board and in that case, the public has a right to know the identity of employees involved as part of the public's ability to judge the per- formance of the school board. The public also has a right to certain information from employees' personnel files when the termination is the result of a disciplinary action. If the school board is allowed to keep their actions secret, how can the public exert their right to information under the Access to Public Records Act. If they stand by their position, I would suggest your next step is a request for an opinion from the state's Public Access Counselor. The legislative policy in this area is designed to provide the public with information when certain actions are taken and protect the public employees from abusive actions from their supe- riors – not to embarrass someone who has been terminated. Send your questions to Steve Key, HSPA executive director and general counsel, skey@hspa.com or call (317) 624-4427. October 2017 Page 3 HSPA Legal Hotline 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 A A Q A • Data-driven sales and pricing strategies • See how your market compares to others • Plan, build and map advertising proposals • Identify new business prospects Actionable business intelligence and results-driven tools For more information, contact: Mike Petrak: mpetrak@tacticianmedia.com or (303) 253-5333 Lisa Szal: lszal@tacticianmedia.com or (636) 534-4493 Corrections Advisory Board must give media outlets 48 hours notice in writing of meetings Public has a right to know identity of people who were terminated by a school board Juvenile records might be accessible to verify prior convictions for child molestation Q Q

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