The Indiana Publisher

The following questions were submitted by the: Spencer Evening World, The Brookville Democrat and The Brookville American, The News-Dispatch (Michigan City), Wabash Plain Dealer: Does a county's BZA Commission appointed by the county com- missioners fall under the Open Door Law guidelines? During an Owen County Board of Zoning Appeals meeting during which one item was discussed for more than an hour, the board recessed and members went into a closed room. They emerged later and continued the meeting. Both you and the BZA correctly recognize that an executive session in the middle of a public meet- ing is prohibited by the Open Door Law. The question is what occurred in the closed room dur- ing the recess? The response you shared from the BZA indicates there was discussion of what to do about the remaining agenda, but downplays the situation by pointing out there were no votes. That doesn't save the BZA from a violation though. As defined by the Open Door Law [IC 5-14-1.5-2(c)], a meet- ing occurs when you have a majority of the governing body gathered and taking official action upon public business. Official action defined at IC 5-14-1.5-2(d) includes as little as receive information, deliber- ate, make recommendations, and make decisions, not just taking final action. A board discussion in the com- missioners' room on how to pro- ceed fits the definition of a meeting and violated the Open Door Law as an improper executive session conducted in the middle of a public meeting. Whatever agenda-related discussion taking place behind closed-doors should have occurred before the public in attendance. The only thing that makes me pause as to whether there was a violation, is that it isn't clear whether the discussion behind closed doors was a group of indi- vidual conversations not connected to each other or a group discussion by the entire board. How much discussion on how to proceed or lack of discussion, when the offi- cial meeting reconvened, would probably be indicative of the answer to that question. But the fact the entire board retreated to a closed meeting space, admittedly to determine how to proceed at the suggestion of the parties' attorneys, may be enough to cross the line of a violation, even if the board presi- dent didn't preside over the discus- sion behind closed doors. Did a new law go into effect Jan. 1? The Franklin County Sheriff's Department investigated a bad accident over the Christmas break where three teenage boys in a Dodge Ram, slid on ice went down a steep embankment and rolled over. The press release issued did not identify the juveniles. I have been doing this for 30 years and I always have identified juveniles involved in traffic accidents. There was no change in the law concerning accident reports. The police should have identified the juveniles. You'll need to follow up with them and see what's going on. Let me know if you get a response that I need to check for you, such as a code citation or advice from the Indiana State Police. I requested meeting agendas from the City of Wabash and they replied with a list of all the meetings for next year. I told the city's administrative assistant that we'd still like to receive agendas 48 hours prior to a meeting, but does the list of meeting dates/ times satisfy their Open Door Law obligation? Notice of the meetings is what they are required to provide - not agendas. The Open Door Law doesn't even require governing bodies to use an agenda. All it says is that if the governing body uses an agenda, it must post it at the door of the meeting prior to the meeting time, which literally could be as they walk into the room. I was wondering how a public notice from the U. S. Marshal's office would fall as to pricing? I'm looking at it as similar to a mortgage fore- closure and charging the rate for a private party. The state-set rate only applies to notices from local or state of Indiana government agencies. The U.S. Marshal's office, as a federal agency, is not eligible for the state-set rate, so you are free to charge what you would change a private party. Send your questions to Steve Key, HSPA executive director and general counsel, skey@hspa.com or call (317) 624-4427. HSPA Legal Hotline A Board members discussion outside of meeting might violate Open Door Law City not required to provide meeting agendas Police should have identified juveniles in accident report Q January 2018 Page 7 A Q Q A Federal agencies not eligible for state-set public notice rate Q A The Nina Mason Pulliam Environmental Journalism Award was created through a grant by the Pulliam Trust to the Hoosier State Press Association Foundation to recognize Indiana journalists for outstanding reporting on environmental issues. Beginning in 2018, the annual award will be a part of the HSPA Better Newspaper Contest. It will be presented at the Newsroom Seminar where Indiana newspaper journalists are honored each year. Nina Mason Pulliam Charitable Trust $1,000 Environmental Journalism Award Hoosier State Press Association Foundation

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