The Indiana Publisher

The schedule for publica- tion of local government unit's annual reports is as follows: COUNTY Following the second regu- lar meeting of the county com- missioners, the report should be posted and published (IC 36-2-2-19). According to the state Board of Accounts, news- papers should expect those reports in February. The annual financial report output that will meet the requirement of the receipts and disbursement portion for IC 36-2-2-19 is called Cash & Investments Combined, according to the state Board of Accounts. Counties often use the 100R report for the total compensation paid to each of the county officers, deputies and employees. TOWNSHIPS Within four weeks after the third Tuesday following the first Monday in February (deadline - Tuesday, March 22), the township trustee is to publish an abstract of receipts and disbursements (IC 36-6- 4-13). To avoid squabbles over publication costs, township trustees and newspaper should note that budget lines with $0 amounts do not have to be included in the published report. This will serve to con- dense the size of the publica- tion. CITIES, TOWNS Within 60 days after the end of the calendar year (dead- line – Tuesday, March 1), the fiscal officer is to publish an annual report of receipts and disbursements (IC 5-3-1-3). SCHOOL CORPORATIONS No earlier than Aug. 1 nor later than Aug. 15, the secre- tary of each school corporation must publish an annual finan- cial report (IC 5-3-1-3). OTHER POLITICAL SUBDIVISION as defined under IC 36-1-2-13 For those political subdivi- sions with an annual budget of at least $300,000 and the power to levy taxes, and do not have a requirement to publish an annual report under another statute, an annual report of receipts and dis- bursements is required to be published not later than 60 days after year end – Tuesday, March 1. (IC 5-3-1-3.5). 2022 schedule for publication of local government units Travis Weik Courier-Times (New Castle) Henry County officials have again broken state rules on govern- ment transparency, according to Indiana Public Access Counselor Luke Britt. Britt's formal opinion is that the Henry County Planning Commission violated Indiana's Open Door Law during the plan- ning commission's Oct. 7, 2021 executive session. During that closed meet- ing, the Henry County Planning Commission voted to hire a new Zoning Administrator. Emails between planning com- mission members outline discus- sion about the applicant, Cody Lewis, and the board's vote to offer him the position. Lewis ultimately turned the job down. Government watchdog Kris Bilbrey filed a formal complaint with the Public Access Counselor on Oct. 21, the day of the October public meeting of the Henry County Planning Commission. The planning commission's attorney, Sean Row, replied to the complaint in a Nov. 16 letter that "no 'final action' as described in Indiana Open Door Law took place at the executive session held on October 7, 2021 and, thus, no violation occurred. Further, as the Applicant withdrew from consider- ation prior to the next meeting and prior to any hiring process being completed, Henry County Planning Commission further asserts that this complaint is moot." Britt issued his formal opinion Jan. 28 that the Henry County Planning Commission broke the law when it voted and made a job offer outside of a public meeting and that it also did not follow proper public notice procedures about the executive session. Violation explanation The Indiana Open Door Law is officially Indiana Code 5-14-1.5. The intent of the Open Door Law is that "the official action of public agencies be conducted and taken openly, unless otherwise expressly provided by statute, in order that the people may be fully informed." Because the Henry County Planning Commission falls under the rules of the ODL, its meetings must be open at all times to allow members of the public to observe and record, with specific exceptions. The Open Door Law allows government boards like the plan- ning commission to meet in closed executive sessions. There is a spe- cific list of acceptable reasons for an executive session listed in the law under section 6.1. The ODL requires that public notices for a closed executive ses- sion state the reason for the meeting with specific reference to the listed accepted instances in the law itself. The Henry County Planning Commission posted notice for their Oct. 7 executive session on Oct. 5 with the purpose "Discussion of personnel issues." "'Discussion of Personnel Matters' is not an appropriate justi- fication for an executive session," Britt stated in his formal opinion. "In this case, the proper justifica- tion would have likely been to receive information about and interview prospective employees in accordance with Indiana Code sec- tion 5-14-1.5-6.1(b)(5). "Insofar as decision making is concerned, it is the opinion of this office that a preferred candidate can be identified – the Open Door Law allows for some preliminary decision-making in executive session. A vote on a final employ- ment offer, however, should not happen until a subsequent public meeting," Britt continued. "Emails submitted by Bilbrey written by a planning commission member indicate a vote was planned and actually taken at an executive ses- sion. This is a blatant violation of the Open Door Law." Britt said the closed door vote was a violation of Indiana's Open Door Law regardless of the fact that Lewis did not accept the job offer. "The Commission should be mindful of this going forward because the Open Door Law pro- hibits final action in executive ses- sion," Britt stated, citing Indiana code section 5-14-1.5-6.1(c). Commissions' closed door meeting violated state law, PAC says February 2022 Page 11 " 'Discussion of Personnel Matters' is not an appropriate justification for an executive ses- sion" — Luke Britt, Indiana Public Access Counselor

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