CHAPTER 1.5. PUBLIC MEETINGS (OPEN DOOR LAW)
IC 5-14-1.5
Chapter 1.5. Public Meetings (Open Door Law)
IC 5-14-1.5-1
Purpose
Sec. 1. In enacting this chapter, the general assembly finds anddeclares that this state and its political subdivisions exist only to aidin the conduct of the business of the people of this state. It is theintent of this chapter that the official action of public agencies beconducted and taken openly, unless otherwise expressly provided bystatute, in order that the people may be fully informed. The purposesof this chapter are remedial, and its provisions are to be liberallyconstrued with the view of carrying out its policy.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.67-1987,SEC.1.
IC 5-14-1.5-2
Definitions
Sec. 2. For the purposes of this chapter:
(a) "Public agency", except as provided in section 2.1 of thischapter, means the following:
(1) Any board, commission, department, agency, authority, orother entity, by whatever name designated, exercising a portionof the executive, administrative, or legislative power of thestate.
(2) Any county, township, school corporation, city, town,political subdivision, or other entity, by whatever namedesignated, exercising in a limited geographical area theexecutive, administrative, or legislative power of the state or adelegated local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of localgovernment finance or the governing body of a county, city,town, township, or school corporation; or
(B) audit by the state board of accounts that is required bystatute, rule, or regulation.
(4) Any building corporation of a political subdivision of thestate of Indiana that issues bonds for the purpose ofconstructing public facilities.
(5) Any advisory commission, committee, or body created bystatute, ordinance, or executive order to advise the governingbody of a public agency, except medical staffs or thecommittees of any such staff.
(6) The Indiana gaming commission established by IC 4-33,including any department, division, or office of the commission.
(7) The Indiana horse racing commission established byIC 4-31, including any department, division, or office of thecommission.
(b) "Governing body" means two (2) or more individuals who are:
(1) a public agency that: (A) is a board, a commission, an authority, a council, acommittee, a body, or other entity; and
(B) takes official action on public business;
(2) the board, commission, council, or other body of a publicagency which takes official action upon public business; or
(3) any committee appointed directly by the governing body orits presiding officer to which authority to take official actionupon public business has been delegated. An agent or agentsappointed by the governing body to conduct collectivebargaining on behalf of the governing body does not constitutea governing body for purposes of this chapter.
(c) "Meeting" means a gathering of a majority of the governingbody of a public agency for the purpose of taking official action uponpublic business. It does not include:
(1) any social or chance gathering not intended to avoid thischapter;
(2) any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance fromthe governing body;
(3) traveling to and attending meetings of organizations devotedto betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospectthat does not include a conclusion as to recommendations,policy, decisions, or final action on the terms of a request or anoffer of public financial resources;
(6) an orientation of members of the governing body on theirrole and responsibilities as public officials, but not for any otherofficial action; or
(7) a gathering for the sole purpose of administering an oath ofoffice to an individual.
(d) "Official action" means to:
(1) receive information;
(2) deliberate;
(3) make recommendations;
(4) establish policy;
(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the publicagency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public isexcluded, except the governing body may admit those personsnecessary to carry out its purpose.
(g) "Final action" means a vote by the governing body on anymotion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party orcoalition which is held for purposes of planning political strategy andholding discussions designed to prepare the members for taking
official action.
(i) "Deliberate" means a discussion which may reasonably beexpected to result in official action (defined under subsection (d)(3),(d)(4), (d)(5), or (d)(6)).
(j) "News media" means all newspapers qualified to receive legaladvertisements under IC 5-3-1, all news services (as defined inIC 34-6-2-87), and all licensed commercial or public radio ortelevision stations.
(k) "Person" means an individual, a corporation, a limited liabilitycompany, a partnership, an unincorporated association, or agovernmental entity.
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979,P.L.39, SEC.1; P.L.33-1984, SEC.1; P.L.67-1987, SEC.2;P.L.8-1993, SEC.56; P.L.277-1993(ss), SEC.127; P.L.1-1994,SEC.20; P.L.50-1995, SEC.14; P.L.1-1998, SEC.71; P.L.90-2002,SEC.16; P.L.35-2003, SEC.1; P.L.179-2007, SEC.1.
IC 5-14-1.5-2.1
"Public agency"; certain providers exempted
Sec. 2.1. "Public agency", for purposes of this chapter, does notmean a provider of goods, services, or other benefits that meets thefollowing requirements:
(1) The provider receives public funds through an agreementwith the state, a county, or a municipality that meets thefollowing requirements:
(A) The agreement provides for the payment of fees to theentity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under theagreement is not based upon or does not involve aconsideration of the tax revenues or receipts of the state,county, or municipality.
(C) The amount of the fees are negotiated by the entity andthe state, county, or municipality.
(D) The state, county, or municipality is billed for fees bythe entity for the services, goods, or other benefits actuallyprovided by the entity.
(2) The provider is not required by statute, rule, or regulation tobe audited by the state board of accounts.
As added by P.L.179-2007, SEC.2.
IC 5-14-1.5-3
Open meetings; secret ballot votes; member participating byelectronic means of communication
Sec. 3. (a) Except as provided in section 6.1 of this chapter, allmeetings of the governing bodies of public agencies must be open atall times for the purpose of permitting members of the public toobserve and record them.
(b) A secret ballot vote may not be taken at a meeting.
(c) A meeting conducted in compliance with IC 5-1.5-2-2.5 doesnot violate this section. (d) A member of the governing body of a public agency who isnot physically present at a meeting of the governing body but whocommunicates with members of the governing body during themeeting by telephone, computer, videoconferencing, or any otherelectronic means of communication:
(1) may not participate in final action taken at the meetingunless the member's participation is expressly authorized bystatute; and
(2) may not be considered to be present at the meeting unlessconsidering the member to be present at the meeting isexpressly authorized by statute.
(e) The memoranda of a meeting prepared under section 4 of thischapter that a member participates in by using a means ofcommunication described in subsection (d) must state the name of:
(1) each member who was physically present at the place wherethe meeting was conducted;
(2) each member who participated in the meeting by using ameans of communication described in this section; and
(3) each member who was absent.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988,SEC.6; P.L.1-1991, SEC.35; P.L.179-2007, SEC.3.
IC 5-14-1.5-3.1
Serial meetings
Sec. 3.1. (a) Except as provided in subsection (b), the governingbody of a public agency violates this chapter if members of thegoverning body participate in a series of at least two (2) gatheringsof members of the governing body and the series of gatherings meetsall of the following criteria:
(1) One (1) of the gatherings is attended by at least three (3)members but less than a quorum of the members of thegoverning body and the other gatherings include at least two (2)members of the governing body.
(2) The sum of the number of different members of thegoverning body attending any of the gatherings at least equalsa quorum of the governing body.
(3) All the gatherings concern the same subject matter and areheld within a period of not more than seven (7) consecutivedays.
(4) The gatherings are held to take official action on publicbusiness.
For purposes of this subsection, a member of a governing bodyattends a gathering if the member is present at the gathering inperson or if the member participates in the gathering by telephone orother electronic means, excluding electronic mail.
(b) This subsection applies only to the city-county council of aconsolidated city or county having a consolidated city. Thecity-county council violates this chapter if its members participate ina series of at least two (2) gatherings of members of the city-countycouncil and the series of gatherings meets all of the following
criteria:
(1) One (1) of the gatherings is attended by at least five (5)members of the city-county council and the other gatheringsinclude at least three (3) members of the city-county council.
(2) The sum of the number of different members of thecity-county council attending any of the gatherings at leastequals a quorum of the city-county council.
(3) All the gatherings concern the same subject matter and areheld within a period of not more than seven (7) consecutivedays.
(4) The gatherings are held to take official action on publicbusiness.
For purposes of this subsection, a member of the city-county councilattends a gathering if the member is present at the gathering inperson or if the member participates in the gathering by telephone orother electronic means, excluding electronic mail.
(c) A gathering under subsection (a) or (b) does not include:
(1) a social or chance gathering not intended by any member ofthe governing body to avoid the requirements of this chapter;
(2) an onsite inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance fromthe governing body;
(3) traveling to and attending meetings of organizations devotedto the betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospectthat does not include a conclusion as to recommendations,policy, decisions, or final action on the terms of a request or anoffer of public financial resources;
(6) an orientation of members of the governing body on theirrole and responsibilities as public officials, but not for any otherofficial action;
(7) a gathering for the sole purpose of administering an oath ofoffice to an individual; or
(8) a gathering between less than a quorum of the members ofthe governing body intended solely for members to receiveinformation and deliberate on whether a member or membersmay be inclined to support a member's proposal or a particularpiece of legislation and at which no other official action willoccur.
(d) A violation described in subsection (a) or (b) is subject tosection 7 of this chapter.
As added by P.L.179-2007, SEC.4.
IC 5-14-1.5-4
Posting agenda; memoranda of meetings; public inspection ofminutes
Sec. 4. (a) A governing body of a public agency utilizing an
agenda shall post a copy of the agenda at the entrance to the locationof the meeting prior to the meeting. A rule, regulation, ordinance, orother final action adopted by reference to agenda number or itemalone is void.
(b) As the meeting progresses, the following memoranda shall bekept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as eitherpresent or absent.
(3) The general substance of all matters proposed, discussed, ordecided.
(4) A record of all votes taken, by individual members if thereis a roll call.
(5) Any additional information required under IC 5-1.5-2-2.5.
(c) The memoranda are to be available within a reasonable periodof time after the meeting for the purpose of informing the public ofthe governing body's proceedings. The minutes, if any, are to be openfor public inspection and copying.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988,SEC.7; P.L.76-1995, SEC.1; P.L.2-2007, SEC.99.
IC 5-14-1.5-5
Public notice of meetings
Sec. 5. (a) Public notice of the date, time, and place of anymeetings, executive sessions, or of any rescheduled or reconvenedmeeting, shall be given at least forty-eight (48) hours (excludingSaturdays, Sundays, and legal holidays) before the meeting. Thisrequirement does not apply to reconvened meetings (not includingexecutive sessions) where announcement of the date, time, and placeof the reconvened meeting is made at the original meeting andrecorded in the memoranda and minutes thereof, and there is nochange in the agenda.
(b) Public notice shall be given by the governing body of a publicagency by:
(1) posting a copy of the notice at the principal office of thepublic agency holding the meeting or, if no such office exists,at the building where the meeting is to be held; and
(2) delivering notice to all news media which deliver by January1 an annual written request for such notices for the nextsucceeding calendar year to the governing body of the publicagency. The governing body shall give notice by one (1) of thefollowing methods:
(A) Depositing the notice in the United States mail withpostage prepaid.
(B) Transmitting the notice by electronic mail.
(C) Transmitting the notice by facsimile (fax).
If a governing body comes into existence after January 1, itshall comply with this subdivision upon receipt of a writtenrequest for notice.
In addition, a state agency (as defined in IC 4-13-1-1) shall provide
electronic access to the notice through the computer gatewayadministered by the office of technology established byIC 4-13.1-2-1.
(c) Notice of regular meetings need be given only once each year,except that an additional notice shall be given where the date, time,or place of a regular meeting or meetings is changed. This subsectiondoes not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involvingactual or threatened injury to person or property, or actual orthreatened disruption of the governmental activity under thejurisdiction of the public agency by any event, then the timerequirements of notice under this section shall not apply, but:
(1) news media which have requested notice of meetings mustbe given the same notice as is given to the members of thegoverning body; and
(2) the public must be notified by posting a copy of the noticeaccording to this section.
(e) This section shall not apply where notice by publication isrequired by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indianaboard of tax review, or any other governing body which meetsin continuous session, except that this section applies tomeetings of these governing bodies which are required by orheld pursuant to statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a townif the meetings are held solely to receive information orrecommendations in order to carry out administrative functions,to carry out administrative functions, or confer with staffmembers on matters relating to the internal management of theunit. "Administrative functions" do not include the awarding ofcontracts, the entering into contracts, or any other actioncreating an obligation or otherwise binding a county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if agoverning body of a public agency convenes a meeting at a time sounreasonably departing from the time stated in its public notice thatthe public is misled or substantially deprived of the opportunity toattend, observe, and record the meeting.
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979,P.L.39, SEC.2; P.L.67-1987, SEC.3; P.L.8-1989, SEC.22;P.L.3-1989, SEC.29; P.L.46-1990, SEC.1; P.L.251-1999, SEC.4;P.L.90-2002, SEC.17; P.L.200-2003, SEC.1; P.L.177-2005, SEC.14.
IC 5-14-1.5-6
Repealed
(Repealed by P.L.1-1991, SEC.36 and P.L.10-1991, SEC.10.)
IC 5-14-1.5-6.1
Executive sessions Sec. 6.1. (a) As used in this section, "public official" means aperson:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and whoexecutes an oath.
(b) Executive sessions may be held only in the followinginstances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of thefollowing:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pendingor has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governingbody up to the time a contract or option to purchase or leaseis executed by the parties.
However, all such strategy discussions must be necessary forcompetitive or bargaining reasons and may not includecompetitive or bargaining adversaries.
(3) For discussion of the assessment, design, andimplementation of school safety and security measures, plans,and systems.
(4) Interviews and negotiations with industrial or commercialprospects or agents of industrial or commercial prospects by theIndiana economic development corporation, the office oftourism development, the Indiana finance authority, the ports ofIndiana, an economic development commission, the Indianastate department of agriculture, a local economic developmentorganization (as defined in IC 5-28-11-2(3)), or a governingbody of a political subdivision.
(5) To receive information about and interview prospectiveemployees.
(6) With respect to any individual over whom the governingbody has jurisdiction:
(A) to receive information concerning the individual'salleged misconduct; and
(B) to discuss, before a determination, the individual's statusas an employee, a student, or an independent contractor whois:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by stateor federal statute.
(8) To discuss before a placement decision an individualstudent's abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individualemployees. This subdivision does not apply to a discussion ofthe salary, compensation, or benefits of employees during abudget process. (10) When considering the appointment of a public official, todo the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointeesfrom further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body mayrelease and shall make available for inspection and copying inaccordance with IC 5-14-3-3 identifying information concerningprospective appointees not initially excluded from furtherconsideration. An initial exclusion of prospective appointeesfrom further consideration may not reduce the number ofprospective appointees to fewer than three (3) unless there arefewer than three (3) prospective appointees. Interviews ofprospective appointees must be conducted at a meeting that isopen to the public.
(11) To train school board members with an outside consultantabout the performance of the role of the members as publicofficials.
(12) To prepare or score examinations used in issuing licenses,certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended toprevent, mitigate, or respond to the threat of terrorism.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subjectmatter by specific reference to the enumerated instance or instancesfor which executive sessions may be held under subsection (b). Therequirements stated in section 4 of this chapter for memoranda andminutes being made available to the public is modified as toexecutive sessions in that the memoranda and minutes must identifythe subject matter considered by specific reference to the enumeratedinstance or instances for which public notice was given. Thegoverning body shall certify by a statement in the memoranda andminutes of the governing body that no subject matter was discussedin the executive session other than the subject matter specified in thepublic notice.
(e) A governing body may not conduct an executive sessionduring a meeting, except as otherwise permitted by applicablestatute. A meeting may not be recessed and reconvened with theintent of circumventing this subsection.
As added by P.L.1-1991, SEC.37 and P.L.10-1991, SEC.8. Amendedby P.L.48-1991, SEC.1; P.L.37-2000, SEC.1; P.L.200-2003, SEC.2;P.L.4-2005, SEC.28; P.L.229-2005, SEC.2; P.L.235-2005, SEC.84;P.L.101-2006, SEC.3; P.L.179-2007, SEC.5; P.L.2-2008, SEC.20;P.L.98-2008, SEC.3; P.L.120-2008, SEC.1.
IC 5-14-1.5-6.5
Collective bargaining meetings; applicable requirements
Sec. 6.5. (a) Whenever a governing body, or any personauthorized to act for a governing body, meets with an employee
organization, or any person authorized to act for an employeeorganization, for the purpose of collective bargaining or discussion,the following apply:
(1) Any party may inform the public of the status of collectivebargaining or discussion as it progresses by release of factualinformation and expression of opinion based upon factualinformation.
(2) If a mediator is appointed, any report the mediator may fileat the conclusion of mediation is a public record open to publicinspection.
(3) If a factfinder is appointed, any hearings the factfinder holdsmust be open at all times for the purpose of permitting membersof the public to observe and record them. Any findings andrecommendations the factfinder makes are public records opento public inspection as provided by IC 20-29-8-13 or any otherapplicable statute relating to factfinding in connection withpublic collective bargaining.
(b) This section supplements and does not limit any otherprovision of this chapter.
As added by Acts 1979, P.L.39, SEC.4. Amended by P.L.67-1987,SEC.5; P.L.1-2005, SEC.80.
IC 5-14-1.5-7
Violations; remedies; limitations; costs and fees
Sec. 7. (a) An action may be filed by any person in any court ofcompetent jurisdiction to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of thischapter; or
(3) declare void any policy, decision, or final action:
(A) taken at an executive session in violation of section 3(a)of this chapter;
(B) taken at any meeting of which notice is not given inaccordance with section 5 of this chapter;
(C) that is based in whole or in part upon official actiontaken at any:
(i) executive session in violation of section 3(a) of thischapter;
(ii) meeting of which notice is not given in accordancewith section 5 of this chapter; or
(iii) series of gatherings in violation of section 3.1 of thischapter; or
(D) taken at a meeting held in a location in violation ofsection 8 of this chapter.
The plaintiff need not allege or prove special damage different fromthat suffered by the public at large.
(b) Regardless of whether a formal complaint or an informalinquiry is pending before the public access counselor, any action todeclare any policy, decision, or final action of a governing body void,or to enter an injunction which would invalidate any policy, decision,
or final action of a governing body, based on violation of this chapteroccurring before the action is commenced, shall be commenced:
(1) prior to the delivery of any warrants, notes, bonds, orobligations if the relief sought would have the effect, if granted,of invalidating the notes, bonds, or obligations; or
(2) with respect to any other subject matter, within thirty (30)days of either:
(A) the date of the act or failure to act complained of; or
(B) the date that the plaintiff knew or should have knownthat the act or failure to act complained of had occurred;
whichever is later. If the challenged policy, decision, or final actionis recorded in the memoranda or minutes of a governing body, aplaintiff is considered to have known that the act or failure to actcomplained of had occurred not later than the date that thememoranda or minutes are first available for public inspection.
(c) If a court finds that a governing body of a public agency hasviolated this chapter, it may not find that the violation was cured bythe governing body by only having taken final action at a meetingthat complies with this chapter.
(d) In determining whether to declare any policy, decision, or finalaction void, a court shall consider the following factors among otherrelevant factors:
(1) The extent to which the violation:
(A) affected the substance of the policy, decision, or finalaction;
(B) denied or impaired access to any meetings that the publichad a right to observe and record; and
(C) prevented or impaired public knowledge orunderstanding of the public's business.
(2) Whether voiding of the policy, decision, or final action is anecessary prerequisite to a substantial reconsideration of thesubject matter.
(3) Whether the public interest will be served by voiding thepolicy, decision, or final action by determining which of thefollowing factors outweighs the other:
(A) The remedial benefits gained by effectuating the publicpolicy of the state declared in section 1 of this chapter.
(B) The prejudice likely to accrue to the public if the policy,decision, or final action is voided, including the extent towhich persons have relied upon the validity of thechallenged action and the effect declaring the challengedaction void would have on them.
(4) Whether the defendant acted in compliance with an informalinquiry response or advisory opinion issued by the public accesscounselor concerning the violation.
(e) If a court declares a policy, decision, or final action of agoverning body of a public agency void, the court may enjoin thegoverning body from subsequently acting upon the subject matter ofthe voided act until it has been given substantial reconsideration ata meeting or meetings that comply with this chapter. (f) In any action filed under this section, a court shall awardreasonable attorney's fees, court costs, and other reasonable expensesof litigation to the prevailing party if:
(1) the plaintiff prevails; or
(2) the defendant prevails and the court finds that the action isfrivolous and vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, courtcosts, and other reasonable expenses if the plaintiff filed the actionwithout first seeking and receiving an informal inquiry response oradvisory opinion from the public access counselor, unless theplaintiff can show the filing of the action was necessary to preventa violation of this chapter.
(g) A court shall expedite the hearing of an action filed under thissection.
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979,P.L.39, SEC.5; P.L.67-1987, SEC.6; P.L.38-1992, SEC.1;P.L.70-1999, SEC.1 and P.L.191-1999, SEC.1; P.L.179-2007, SEC.6.
IC 5-14-1.5-8
Accessibility to individuals with disabilities
Sec. 8. (a) This section applies only to the following publicagencies:
(1) A public agency described in section 2(a)(1) of this chapter.
(2) A public agency:
(A) described in section 2(a)(5) of this chapter; and
(B) created to advise the governing body of a public agencydescribed in section 2(a)(1) of this chapter.
(b) As used in this section, "accessible" means the design,construction, or alteration of facilities in conformance with theUniform Federal Accessibility Standards (41 C.F.R. 101-19.6, App.A (1991)) or with the Americans with Disabilities Act AccessibilityGuidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)).
(c) As used in this section, "individual with a disability" means anindividual who has a temporary or permanent physical disability.
(d) A public agency may not hold a meeting at a location that isnot accessible to an individual with a disability.
As added by P.L.38-1992, SEC.2.