The Indiana Publisher

Price; Borders; Reps. Dennis Zent, R-Angola; Mike Aylesworth, R-Hebron; Robert Cherry, R-Greenfield; Tom Saunders, R-Lewisville; Randy Truitt, R-West Lafayette; Cherrish Pryor, D-Indianapolis; Justin Moed, D-Indianapolis; Vernon Smith, D-Gary; and Melanie Wright, D-Yorktown. Voting against S.B. 288 were Reps. Heath VanNatter, R-Kokomo, and Tim Wesco, R-Osceola. The committee also accepted two amendments to the bill submitted by Borders. The first amendment restored the bill to its form as it left the Senate Local Government Committee – with a mandatory publication requirement, but a five-year sunset date. This would prompt HSPA to conduct another statewide survey of the public's attitudes toward public notice advertising. The association's most recent survey was conduct- ed in 2014. The second amendment added language that was in a House bill from the 2014 session. The bill would change the Access to Public Records Act in two ways: • It gives the public the power to obtain public records in an electronic format. Currently, a gov- ernment official can require the citizen to come to the office for a paper copy with corresponding copying charge rather than email the Word docu- ment or Excel spreadsheet to the citizen at no cost. • It gives state and local government officials the ability to charge a search fee if the records request requires more than two hours of searching to locate the records. The first two hours of search are free. This language was worked out between HSPA and Speaker of the House Brian Bosma, R-Indianapolis, prior to the 2013 session. It has been passed by the House twice but ran into a Senate amendment that killed the legislation in the last two sessions. "While the search fee potential will force people to make more focused records requests, the ability to obtain records in their electronic format is a great step forward," Key said. HSPA supported the addition of both amend- ments. "There's something for all the parties – a win-win situation," Key said. "Citizens would get proposed local government budget and tax numbers delivered to their door and the right to have certain public records emailed to them. "State and local government units would get some compensation for extensive records searches, an item sought by them for years. "The negative for local government units is they would continue to spend an average of $166 per unit to alert the public of their intent to levy a statewide total of $5.6 billion in property taxes." Page 6 April 9, 2015 Apps Continued from Page 1 Notices Continued from Page 1 T he Society of Pro- fessional Jour nal- ists and the National Freedom of Information Coalition are joining forces – and legal war chests – to help citizens and journalists fight for public records. The two groups will band together to help litigants who sue for access to government information. The Freedom of Information Coalition can provide court fees and SPJ help for attorney fees. Both organizations also will use their combined national networks of journalists and citizens to apply public pressure to government agencies that flaunt the law. "This is such an exciting collaborative project, one that will lend significant weight to our collective efforts in preserving our right of government oversight and accountability," said Barbara Petersen, NFOIC president. "I'm honored to be part of it." As part of the partnership, SPJ and the Freedom of Information Coalition will: • Have staff and volunteers from both organizations solicit applications and monitor public record battles at the state and federal levels for worthy cases. • Give priority to cases that have a strong legal basis, have the ability to establish good case law, and will help citizens and journalists, regardless of the profession or standing of the plaintiff. • Write or join amicus curiae briefs and/or intervene in cases where appropriate. • Coordinate publicity and advocacy. • Solicit other partners, when merited, such as state coalitions and other national access organizations. "More than ever, it's essential for groups to unite in helping citizens fight for government information," said David Cuillier, SPJ Freedom of Information Committee chairman. "Together we are much more powerful against a system that is not weighted in the public's favor." The SPJ Legal Defense Fund was created in 1972 to fight for the First Amendment, primarily for public records and open meetings. Litigants apply for funds, and the applications are considered by a six-member committee, aided by SPJ's attorney. The committee can provide grants of up to $5,000, and larger amounts are considered by the SPJ Board of Directors. The fund has about $75,000 available and is replenished by donations, interest and an annual auction. In 2014 the SPJ Board approved the creation of an endowed advocacy fund that can also be used for litigation. The endowment currently generates about $4,000 annually. The Knight FOI Fund was created by the National Freedom of Information Coalition in 2010 through a grant from the Knight Foundation to help litigants fight for open government. The fund pays for court costs, filing fees, depositions and related expenses, typically $2,000-$3,000 per case. The fund, currently at $444,000, does not pay for attorney fees nor dictate what attorney is used in the case. The fund stipulates that if the grantee wins and receives an award then they must repay the coalition. A Litigation Committee decides the merits of applications. Funds join fight for public records The Indiana High School Press Association hosted its annual First Amendment Symposium at the Indiana Statehouse March 13. Steve Key, HSPA executive director and general counsel, right, attended on behalf of the HSPA Foundation to present two $1,500 print journalism scholar- ships to students Alaa Abdeldaiem of Crown Point High School, left, and Maureen Langley of Bloomington High School North. High school journalists honored PHOTO BY INDIANA HIGH SCHOOL PRESS ASSOCIATION forthcoming when it comes to releasing information. This app provides specific information about laws regarding the release of records such as arrest reports, search warrants and affidavits, and about interviewing legal parties and jurors. Recording Rights – Jour nalists sometimes face uncertainly about their right to make an audio or video recording of a conversation or a public occurrence such as an arrest on the street. This is compounded when officials demand that taping stop and/or that the recording be deleted. This app will ensure that journalists have immediate access to the recording laws of their state. Covering Schools – Jour- nalists reporting on schools face particular challenges trying to obtain school records. With this app, journalists will have ready access to state- specific law and other guidelines for interviewing students and accessing school records. In addition to content unique to each subject, each of the apps includes a legal guide and other helpful elements.

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