CHAPTER 4. PUBLIC ACCESS COUNSELOR
IC 5-14-4
Chapter 4. Public Access Counselor
IC 5-14-4-1
"Counselor" defined
Sec. 1. As used in this chapter, "counselor" refers to the publicaccess counselor appointed under section 6 of this chapter.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-2
"Office" defined
Sec. 2. As used in this chapter, "office" refers to the office of thepublic access counselor established under section 5 of this chapter.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-3
"Public access laws" defined
Sec. 3. As used in this chapter, "public access laws" refers to:
(1) IC 5-14-1.5;
(2) IC 5-14-3; or
(3) any other state statute or rule governing access to publicmeetings or public records.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-4
"Public agency" defined
Sec. 4. As used in this chapter, "public agency" has the meaningset forth in:
(1) IC 5-14-1.5-2 for purposes of matters concerning publicmeetings; and
(2) IC 5-14-3-2 for purposes of matters concerning publicrecords.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-5
Establishment of office
Sec. 5. The office of the public access counselor is established.The office shall be administered by the public access counselorappointed under section 6 of this chapter.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-6
Appointment; term
Sec. 6. The governor shall appoint a public access counselor fora term of four (4) years at a salary to be fixed by the governor.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-7
Removal for cause
Sec. 7. The governor may remove the counselor for cause.As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-8
Vacancies in office
Sec. 8. If a vacancy occurs in the office, the governor shallappoint an individual to serve for the remainder of the counselor'sunexpired term.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-9
Requirements for position
Sec. 9. (a) The counselor must be a practicing attorney.
(b) The counselor shall apply the counselor's full efforts to theduties of the office and may not be actively engaged in any otheroccupation, practice, profession, or business.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-10
Powers and duties
Sec. 10. The counselor has the following powers and duties:
(1) To establish and administer a program to train publicofficials and educate the public on the rights of the public andthe responsibilities of public agencies under the public accesslaws. The counselor may contract with a person or a public orprivate entity to fulfill the counselor's responsibility under thissubdivision.
(2) To conduct research.
(3) To prepare interpretive and educational materials andprograms in cooperation with the office of the attorney general.
(4) To distribute to newly elected or appointed public officialsthe public access laws and educational materials concerning thepublic access laws.
(5) To respond to informal inquiries made by the public andpublic agencies by telephone, in writing, in person, byfacsimile, or by electronic mail concerning the public accesslaws.
(6) To issue advisory opinions to interpret the public accesslaws upon the request of a person or a public agency. However,the counselor may not issue an advisory opinion concerning aspecific matter with respect to which a lawsuit has been filedunder IC 5-14-1.5 or IC 5-14-3.
(7) To make recommendations to the general assemblyconcerning ways to improve public access.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-11
Additional personnel
Sec. 11. The counselor may employ additional personnelnecessary to carry out the functions of the office subject to theapproval of the budget agency.As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-12
Annual report by counselor
Sec. 12. The counselor shall submit a report in an electronicformat under IC 5-14-6 not later than June 30 of each year to thelegislative services agency concerning the activities of the counselorfor the previous year. The report must include the followinginformation:
(1) The total number of inquiries and complaints received.
(2) The number of inquiries and complaints received each fromthe public, the media, and government agencies.
(3) The number of inquiries and complaints that were resolved.
(4) The number of complaints received about each of thefollowing:
(A) State agencies.
(B) County agencies.
(C) City agencies.
(D) Town agencies.
(E) Township agencies.
(F) School corporations.
(G) Other local agencies.
(5) The number of complaints received concerning each of thefollowing:
(A) Public records.
(B) Public meetings.
(6) The total number of written advisory opinions issued andpending.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4. Amendedby P.L.28-2004, SEC.58.
IC 5-14-4-13
Statute of limitations
Sec. 13. An informal inquiry or other request for assistance underthis chapter does not delay the running of a statute of limitation thatapplies to a lawsuit under IC 5-14-1.5 or IC 5-14-3 concerning thesubject matter of the inquiry or other request.
As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.