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 and
declares that this state and its political subdivisions exist only to aid
in the conduct of the business of the people of this state. It is the
intent of this chapter 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. The purposes
of this chapter are remedial, and its provisions are to be liberally
construed 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 this
chapter, means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion
of the executive, administrative, or legislative power of the
state.
(2) Any county, township, school corporation, city, town,
political subdivision, or other entity, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, or legislative power of the state or a
delegated local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local
government 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 by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the
state of Indiana that issues bonds for the purpose of
constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the
committees 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 by
IC 4-31, including any department, division, or office of the
commission.
(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, a
committee, a body, or other entity; and
(B) takes official action on public business;
(2) the board, commission, council, or other body of a public
agency which takes official action upon public business; or
(3) any committee appointed directly by the governing body or
its presiding officer to which authority to take official action
upon public business has been delegated. An agent or agents
appointed by the governing body to conduct collective
bargaining on behalf of the governing body does not constitute
a governing body for purposes of this chapter.
(c) "Meeting" means a gathering of a majority of the governing
body of a public agency for the purpose of taking official action upon
public business. It does not include:
(1) any social or chance gathering not intended to avoid this
chapter;
(2) any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from
the governing body;
(3) traveling to and attending meetings of organizations devoted
to betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations,
policy, decisions, or final action on the terms of a request or an
offer of public financial resources;
(6) an orientation of members of the governing body on their
role and responsibilities as public officials, but not for any other
official action; or
(7) a gathering for the sole purpose of administering an oath of
office 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 public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking
official action.
(i) "Deliberate" means a discussion which may reasonably be
expected 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 legal
advertisements under IC 5-3-1, all news services (as defined in
IC 34-6-2-87), and all licensed commercial or public radio or
television stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental 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 not
mean a provider of goods, services, or other benefits that meets the
following requirements:
(1) The provider receives public funds through an agreement
with the state, a county, or a municipality that meets the
following requirements:
(A) The agreement provides for the payment of fees to the
entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the
agreement is not based upon or does not involve a
consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and
the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by
the entity for the services, goods, or other benefits actually
provided by the entity.
(2) The provider is not required by statute, rule, or regulation to
be 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 by
electronic means of communication
Sec. 3. (a) Except as provided in section 6.1 of this chapter, all
meetings of the governing bodies of public agencies must be open at
all times for the purpose of permitting members of the public to
observe 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 does
not violate this section.
(d) A member of the governing body of a public agency who is
not physically present at a meeting of the governing body but who
communicates with members of the governing body during the
meeting by telephone, computer, videoconferencing, or any other
electronic means of communication:
(1) may not participate in final action taken at the meeting
unless the member's participation is expressly authorized by
statute; and
(2) may not be considered to be present at the meeting unless
considering the member to be present at the meeting is
expressly authorized by statute.
(e) The memoranda of a meeting prepared under section 4 of this
chapter that a member participates in by using a means of
communication described in subsection (d) must state the name of:
(1) each member who was physically present at the place where
the meeting was conducted;
(2) each member who participated in the meeting by using a
means 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 governing
body of a public agency violates this chapter if members of the
governing body participate in a series of at least two (2) gatherings
of members of the governing body and the series of gatherings meets
all 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 the
governing 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 the
governing body attending any of the gatherings at least equals
a quorum of the governing body.
(3) All the gatherings concern the same subject matter and are
held within a period of not more than seven (7) consecutive
days.
(4) The gatherings are held to take official action on public
business.
For purposes of this subsection, a member of a governing body
attends a gathering if the member is present at the gathering in
person or if the member participates in the gathering by telephone or
other electronic means, excluding electronic mail.
(b) This subsection applies only to the city-county council of a
consolidated city or county having a consolidated city. The
city-county council violates this chapter if its members participate in
a series of at least two (2) gatherings of members of the city-county
council 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 gatherings
include at least three (3) members of the city-county council.
(2) The sum of the number of different members of the
city-county council attending any of the gatherings at least
equals a quorum of the city-county council.
(3) All the gatherings concern the same subject matter and are
held within a period of not more than seven (7) consecutive
days.
(4) The gatherings are held to take official action on public
business.
For purposes of this subsection, a member of the city-county council
attends a gathering if the member is present at the gathering in
person or if the member participates in the gathering by telephone or
other 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 of
the 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 from
the governing body;
(3) traveling to and attending meetings of organizations devoted
to the betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations,
policy, decisions, or final action on the terms of a request or an
offer of public financial resources;
(6) an orientation of members of the governing body on their
role and responsibilities as public officials, but not for any other
official action;
(7) a gathering for the sole purpose of administering an oath of
office to an individual; or
(8) a gathering between less than a quorum of the members of
the governing body intended solely for members to receive
information and deliberate on whether a member or members
may be inclined to support a member's proposal or a particular
piece of legislation and at which no other official action will
occur.
(d) A violation described in subsection (a) or (b) is subject to
section 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 of
minutes
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 location
of the meeting prior to the meeting. A rule, regulation, ordinance, or
other final action adopted by reference to agenda number or item
alone is void.
(b) As the meeting progresses, the following memoranda shall be
kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either
present or absent.
(3) The general substance of all matters proposed, discussed, or
decided.
(4) A record of all votes taken, by individual members if there
is 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 period
of time after the meeting for the purpose of informing the public of
the governing body's proceedings. The minutes, if any, are to be open
for 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 any
meetings, executive sessions, or of any rescheduled or reconvened
meeting, shall be given at least forty-eight (48) hours (excluding
Saturdays, Sundays, and legal holidays) before the meeting. This
requirement does not apply to reconvened meetings (not including
executive sessions) where announcement of the date, time, and place
of the reconvened meeting is made at the original meeting and
recorded in the memoranda and minutes thereof, and there is no
change in the agenda.
(b) Public notice shall be given by the governing body of a public
agency by:
(1) posting a copy of the notice at the principal office of the
public 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 January
1 an annual written request for such notices for the next
succeeding calendar year to the governing body of the public
agency. The governing body shall give notice by one (1) of the
following methods:
(A) Depositing the notice in the United States mail with
postage 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, it
shall comply with this subdivision upon receipt of a written
request 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 gateway
administered by the office of technology established by
IC 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 subsection
does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving
actual or threatened injury to person or property, or actual or
threatened disruption of the governmental activity under the
jurisdiction of the public agency by any event, then the time
requirements of notice under this section shall not apply, but:
(1) news media which have requested notice of meetings must
be given the same notice as is given to the members of the
governing body; and
(2) the public must be notified by posting a copy of the notice
according to this section.
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana
board of tax review, or any other governing body which meets
in continuous session, except that this section applies to
meetings of these governing bodies which are required by or
held pursuant to statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town
if the meetings are held solely to receive information or
recommendations in order to carry out administrative functions,
to carry out administrative functions, or confer with staff
members on matters relating to the internal management of the
unit. "Administrative functions" do not include the awarding of
contracts, the entering into contracts, or any other action
creating 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 a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that
the public is misled or substantially deprived of the opportunity to
attend, 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 a
person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following
instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the
following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending
or has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing
body up to the time a contract or option to purchase or lease
is executed by the parties.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and
implementation of school safety and security measures, plans,
and systems.
(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by the
Indiana economic development corporation, the office of
tourism development, the Indiana finance authority, the ports of
Indiana, an economic development commission, the Indiana
state department of agriculture, a local economic development
organization (as defined in IC 5-28-11-2(3)), or a governing
body of a political subdivision.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing
body has jurisdiction:
(A) to receive information concerning the individual's
alleged misconduct; and
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state
or federal statute.
(8) To discuss before a placement decision an individual
student's abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of
the salary, compensation, or benefits of employees during a
budget process.
(10) When considering the appointment of a public official, to
do the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees
from further consideration may not reduce the number of
prospective appointees to fewer than three (3) unless there are
fewer than three (3) prospective appointees. Interviews of
prospective appointees must be conducted at a meeting that is
open to the public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to
prevent, 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 subject
matter by specific reference to the enumerated instance or instances
for which executive sessions may be held under subsection (b). The
requirements stated in section 4 of this chapter for memoranda and
minutes being made available to the public is modified as to
executive sessions in that the memoranda and minutes must identify
the subject matter considered by specific reference to the enumerated
instance or instances for which public notice was given. The
governing body shall certify by a statement in the memoranda and
minutes of the governing body that no subject matter was discussed
in the executive session other than the subject matter specified in the
public notice.
(e) A governing body may not conduct an executive session
during a meeting, except as otherwise permitted by applicable
statute. A meeting may not be recessed and reconvened with the
intent of circumventing this subsection. As added by P.L.1-1991, SEC.37 and P.L.10-1991, SEC.8. Amended
by 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 person
authorized to act for a governing body, meets with an employee
organization, or any person authorized to act for an employee
organization, for the purpose of collective bargaining or discussion,
the following apply:
(1) Any party may inform the public of the status of collective
bargaining or discussion as it progresses by release of factual
information and expression of opinion based upon factual
information.
(2) If a mediator is appointed, any report the mediator may file
at the conclusion of mediation is a public record open to public
inspection.
(3) If a factfinder is appointed, any hearings the factfinder holds
must be open at all times for the purpose of permitting members
of the public to observe and record them. Any findings and
recommendations the factfinder makes are public records open
to public inspection as provided by IC 20-29-8-13 or any other
applicable statute relating to factfinding in connection with
public collective bargaining.
(b) This section supplements and does not limit any other
provision 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 of
competent jurisdiction to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of this
chapter; 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 in
accordance with section 5 of this chapter;
(C) that is based in whole or in part upon official action
taken at any:
(i) executive session in violation of section 3(a) of this
chapter;
(ii) meeting of which notice is not given in accordance
with section 5 of this chapter; or
(iii) series of gatherings in violation of section 3.1 of this
chapter; or
(D) taken at a meeting held in a location in violation of
section 8 of this chapter.
The plaintiff need not allege or prove special damage different from
that suffered by the public at large.
(b) Regardless of whether a formal complaint or an informal
inquiry is pending before the public access counselor, any action to
declare 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 chapter
occurring before the action is commenced, shall be commenced:
(1) prior to the delivery of any warrants, notes, bonds, or
obligations 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 known
that the act or failure to act complained of had occurred;
whichever is later. If the challenged policy, decision, or final action
is recorded in the memoranda or minutes of a governing body, a
plaintiff is considered to have known that the act or failure to act
complained of had occurred not later than the date that the
memoranda or minutes are first available for public inspection.
(c) If a court finds that a governing body of a public agency has
violated this chapter, it may not find that the violation was cured by
the governing body by only having taken final action at a meeting
that complies with this chapter.
(d) In determining whether to declare any policy, decision, or final
action void, a court shall consider the following factors among other
relevant factors:
(1) The extent to which the violation:
(A) affected the substance of the policy, decision, or final
action;
(B) denied or impaired access to any meetings that the public
had a right to observe and record; and
(C) prevented or impaired public knowledge or
understanding of the public's business.
(2) Whether voiding of the policy, decision, or final action is a
necessary prerequisite to a substantial reconsideration of the
subject matter.
(3) Whether the public interest will be served by voiding the
policy, decision, or final action by determining which of the
following factors outweighs the other:
(A) The remedial benefits gained by effectuating the public
policy 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 to
which persons have relied upon the validity of the
challenged action and the effect declaring the challenged
action void would have on them.
(4) Whether the defendant acted in compliance with an informal
inquiry response or advisory opinion issued by the public access
counselor concerning the violation.
(e) If a court declares a policy, decision, or final action of a
governing body of a public agency void, the court may enjoin the
governing body from subsequently acting upon the subject matter of
the voided act until it has been given substantial reconsideration at
a meeting or meetings that comply with this chapter.
(f) In any action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
(1) the plaintiff prevails; or
(2) the defendant prevails and the court finds that the action is
frivolous and vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, court
costs, and other reasonable expenses if the plaintiff filed the action
without first seeking and receiving an informal inquiry response or
advisory opinion from the public access counselor, unless the
plaintiff can show the filing of the action was necessary to prevent
a violation of this chapter.
(g) A court shall expedite the hearing of an action filed under this
section. 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 public
agencies:
(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 agency
described 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 the
Uniform Federal Accessibility Standards (41 C.F.R. 101-19.6, App.
A (1991)) or with the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)).
(c) As used in this section, "individual with a disability" means an
individual who has a temporary or permanent physical disability.
(d) A public agency may not hold a meeting at a location that is
not accessible to an individual with a disability. As added by P.L.38-1992, SEC.2.
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 and
declares that this state and its political subdivisions exist only to aid
in the conduct of the business of the people of this state. It is the
intent of this chapter 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. The purposes
of this chapter are remedial, and its provisions are to be liberally
construed 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 this
chapter, means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion
of the executive, administrative, or legislative power of the
state.
(2) Any county, township, school corporation, city, town,
political subdivision, or other entity, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, or legislative power of the state or a
delegated local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local
government 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 by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the
state of Indiana that issues bonds for the purpose of
constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the
committees 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 by
IC 4-31, including any department, division, or office of the
commission.
(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, a
committee, a body, or other entity; and
(B) takes official action on public business;
(2) the board, commission, council, or other body of a public
agency which takes official action upon public business; or
(3) any committee appointed directly by the governing body or
its presiding officer to which authority to take official action
upon public business has been delegated. An agent or agents
appointed by the governing body to conduct collective
bargaining on behalf of the governing body does not constitute
a governing body for purposes of this chapter.
(c) "Meeting" means a gathering of a majority of the governing
body of a public agency for the purpose of taking official action upon
public business. It does not include:
(1) any social or chance gathering not intended to avoid this
chapter;
(2) any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from
the governing body;
(3) traveling to and attending meetings of organizations devoted
to betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations,
policy, decisions, or final action on the terms of a request or an
offer of public financial resources;
(6) an orientation of members of the governing body on their
role and responsibilities as public officials, but not for any other
official action; or
(7) a gathering for the sole purpose of administering an oath of
office 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 public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking
official action.
(i) "Deliberate" means a discussion which may reasonably be
expected 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 legal
advertisements under IC 5-3-1, all news services (as defined in
IC 34-6-2-87), and all licensed commercial or public radio or
television stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental 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 not
mean a provider of goods, services, or other benefits that meets the
following requirements:
(1) The provider receives public funds through an agreement
with the state, a county, or a municipality that meets the
following requirements:
(A) The agreement provides for the payment of fees to the
entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the
agreement is not based upon or does not involve a
consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and
the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by
the entity for the services, goods, or other benefits actually
provided by the entity.
(2) The provider is not required by statute, rule, or regulation to
be 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 by
electronic means of communication
Sec. 3. (a) Except as provided in section 6.1 of this chapter, all
meetings of the governing bodies of public agencies must be open at
all times for the purpose of permitting members of the public to
observe 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 does
not violate this section.
(d) A member of the governing body of a public agency who is
not physically present at a meeting of the governing body but who
communicates with members of the governing body during the
meeting by telephone, computer, videoconferencing, or any other
electronic means of communication:
(1) may not participate in final action taken at the meeting
unless the member's participation is expressly authorized by
statute; and
(2) may not be considered to be present at the meeting unless
considering the member to be present at the meeting is
expressly authorized by statute.
(e) The memoranda of a meeting prepared under section 4 of this
chapter that a member participates in by using a means of
communication described in subsection (d) must state the name of:
(1) each member who was physically present at the place where
the meeting was conducted;
(2) each member who participated in the meeting by using a
means 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 governing
body of a public agency violates this chapter if members of the
governing body participate in a series of at least two (2) gatherings
of members of the governing body and the series of gatherings meets
all 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 the
governing 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 the
governing body attending any of the gatherings at least equals
a quorum of the governing body.
(3) All the gatherings concern the same subject matter and are
held within a period of not more than seven (7) consecutive
days.
(4) The gatherings are held to take official action on public
business.
For purposes of this subsection, a member of a governing body
attends a gathering if the member is present at the gathering in
person or if the member participates in the gathering by telephone or
other electronic means, excluding electronic mail.
(b) This subsection applies only to the city-county council of a
consolidated city or county having a consolidated city. The
city-county council violates this chapter if its members participate in
a series of at least two (2) gatherings of members of the city-county
council 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 gatherings
include at least three (3) members of the city-county council.
(2) The sum of the number of different members of the
city-county council attending any of the gatherings at least
equals a quorum of the city-county council.
(3) All the gatherings concern the same subject matter and are
held within a period of not more than seven (7) consecutive
days.
(4) The gatherings are held to take official action on public
business.
For purposes of this subsection, a member of the city-county council
attends a gathering if the member is present at the gathering in
person or if the member participates in the gathering by telephone or
other 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 of
the 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 from
the governing body;
(3) traveling to and attending meetings of organizations devoted
to the betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations,
policy, decisions, or final action on the terms of a request or an
offer of public financial resources;
(6) an orientation of members of the governing body on their
role and responsibilities as public officials, but not for any other
official action;
(7) a gathering for the sole purpose of administering an oath of
office to an individual; or
(8) a gathering between less than a quorum of the members of
the governing body intended solely for members to receive
information and deliberate on whether a member or members
may be inclined to support a member's proposal or a particular
piece of legislation and at which no other official action will
occur.
(d) A violation described in subsection (a) or (b) is subject to
section 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 of
minutes
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 location
of the meeting prior to the meeting. A rule, regulation, ordinance, or
other final action adopted by reference to agenda number or item
alone is void.
(b) As the meeting progresses, the following memoranda shall be
kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either
present or absent.
(3) The general substance of all matters proposed, discussed, or
decided.
(4) A record of all votes taken, by individual members if there
is 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 period
of time after the meeting for the purpose of informing the public of
the governing body's proceedings. The minutes, if any, are to be open
for 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 any
meetings, executive sessions, or of any rescheduled or reconvened
meeting, shall be given at least forty-eight (48) hours (excluding
Saturdays, Sundays, and legal holidays) before the meeting. This
requirement does not apply to reconvened meetings (not including
executive sessions) where announcement of the date, time, and place
of the reconvened meeting is made at the original meeting and
recorded in the memoranda and minutes thereof, and there is no
change in the agenda.
(b) Public notice shall be given by the governing body of a public
agency by:
(1) posting a copy of the notice at the principal office of the
public 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 January
1 an annual written request for such notices for the next
succeeding calendar year to the governing body of the public
agency. The governing body shall give notice by one (1) of the
following methods:
(A) Depositing the notice in the United States mail with
postage 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, it
shall comply with this subdivision upon receipt of a written
request 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 gateway
administered by the office of technology established by
IC 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 subsection
does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving
actual or threatened injury to person or property, or actual or
threatened disruption of the governmental activity under the
jurisdiction of the public agency by any event, then the time
requirements of notice under this section shall not apply, but:
(1) news media which have requested notice of meetings must
be given the same notice as is given to the members of the
governing body; and
(2) the public must be notified by posting a copy of the notice
according to this section.
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana
board of tax review, or any other governing body which meets
in continuous session, except that this section applies to
meetings of these governing bodies which are required by or
held pursuant to statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town
if the meetings are held solely to receive information or
recommendations in order to carry out administrative functions,
to carry out administrative functions, or confer with staff
members on matters relating to the internal management of the
unit. "Administrative functions" do not include the awarding of
contracts, the entering into contracts, or any other action
creating 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 a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that
the public is misled or substantially deprived of the opportunity to
attend, 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 a
person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following
instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the
following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending
or has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing
body up to the time a contract or option to purchase or lease
is executed by the parties.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and
implementation of school safety and security measures, plans,
and systems.
(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by the
Indiana economic development corporation, the office of
tourism development, the Indiana finance authority, the ports of
Indiana, an economic development commission, the Indiana
state department of agriculture, a local economic development
organization (as defined in IC 5-28-11-2(3)), or a governing
body of a political subdivision.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing
body has jurisdiction:
(A) to receive information concerning the individual's
alleged misconduct; and
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state
or federal statute.
(8) To discuss before a placement decision an individual
student's abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of
the salary, compensation, or benefits of employees during a
budget process.
(10) When considering the appointment of a public official, to
do the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees
from further consideration may not reduce the number of
prospective appointees to fewer than three (3) unless there are
fewer than three (3) prospective appointees. Interviews of
prospective appointees must be conducted at a meeting that is
open to the public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to
prevent, 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 subject
matter by specific reference to the enumerated instance or instances
for which executive sessions may be held under subsection (b). The
requirements stated in section 4 of this chapter for memoranda and
minutes being made available to the public is modified as to
executive sessions in that the memoranda and minutes must identify
the subject matter considered by specific reference to the enumerated
instance or instances for which public notice was given. The
governing body shall certify by a statement in the memoranda and
minutes of the governing body that no subject matter was discussed
in the executive session other than the subject matter specified in the
public notice.
(e) A governing body may not conduct an executive session
during a meeting, except as otherwise permitted by applicable
statute. A meeting may not be recessed and reconvened with the
intent of circumventing this subsection. As added by P.L.1-1991, SEC.37 and P.L.10-1991, SEC.8. Amended
by 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 person
authorized to act for a governing body, meets with an employee
organization, or any person authorized to act for an employee
organization, for the purpose of collective bargaining or discussion,
the following apply:
(1) Any party may inform the public of the status of collective
bargaining or discussion as it progresses by release of factual
information and expression of opinion based upon factual
information.
(2) If a mediator is appointed, any report the mediator may file
at the conclusion of mediation is a public record open to public
inspection.
(3) If a factfinder is appointed, any hearings the factfinder holds
must be open at all times for the purpose of permitting members
of the public to observe and record them. Any findings and
recommendations the factfinder makes are public records open
to public inspection as provided by IC 20-29-8-13 or any other
applicable statute relating to factfinding in connection with
public collective bargaining.
(b) This section supplements and does not limit any other
provision 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 of
competent jurisdiction to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of this
chapter; 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 in
accordance with section 5 of this chapter;
(C) that is based in whole or in part upon official action
taken at any:
(i) executive session in violation of section 3(a) of this
chapter;
(ii) meeting of which notice is not given in accordance
with section 5 of this chapter; or
(iii) series of gatherings in violation of section 3.1 of this
chapter; or
(D) taken at a meeting held in a location in violation of
section 8 of this chapter.
The plaintiff need not allege or prove special damage different from
that suffered by the public at large.
(b) Regardless of whether a formal complaint or an informal
inquiry is pending before the public access counselor, any action to
declare 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 chapter
occurring before the action is commenced, shall be commenced:
(1) prior to the delivery of any warrants, notes, bonds, or
obligations 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 known
that the act or failure to act complained of had occurred;
whichever is later. If the challenged policy, decision, or final action
is recorded in the memoranda or minutes of a governing body, a
plaintiff is considered to have known that the act or failure to act
complained of had occurred not later than the date that the
memoranda or minutes are first available for public inspection.
(c) If a court finds that a governing body of a public agency has
violated this chapter, it may not find that the violation was cured by
the governing body by only having taken final action at a meeting
that complies with this chapter.
(d) In determining whether to declare any policy, decision, or final
action void, a court shall consider the following factors among other
relevant factors:
(1) The extent to which the violation:
(A) affected the substance of the policy, decision, or final
action;
(B) denied or impaired access to any meetings that the public
had a right to observe and record; and
(C) prevented or impaired public knowledge or
understanding of the public's business.
(2) Whether voiding of the policy, decision, or final action is a
necessary prerequisite to a substantial reconsideration of the
subject matter.
(3) Whether the public interest will be served by voiding the
policy, decision, or final action by determining which of the
following factors outweighs the other:
(A) The remedial benefits gained by effectuating the public
policy 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 to
which persons have relied upon the validity of the
challenged action and the effect declaring the challenged
action void would have on them.
(4) Whether the defendant acted in compliance with an informal
inquiry response or advisory opinion issued by the public access
counselor concerning the violation.
(e) If a court declares a policy, decision, or final action of a
governing body of a public agency void, the court may enjoin the
governing body from subsequently acting upon the subject matter of
the voided act until it has been given substantial reconsideration at
a meeting or meetings that comply with this chapter.
(f) In any action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
(1) the plaintiff prevails; or
(2) the defendant prevails and the court finds that the action is
frivolous and vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, court
costs, and other reasonable expenses if the plaintiff filed the action
without first seeking and receiving an informal inquiry response or
advisory opinion from the public access counselor, unless the
plaintiff can show the filing of the action was necessary to prevent
a violation of this chapter.
(g) A court shall expedite the hearing of an action filed under this
section. 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 public
agencies:
(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 agency
described 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 the
Uniform Federal Accessibility Standards (41 C.F.R. 101-19.6, App.
A (1991)) or with the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)).
(c) As used in this section, "individual with a disability" means an
individual who has a temporary or permanent physical disability.
(d) A public agency may not hold a meeting at a location that is
not accessible to an individual with a disability. As added by P.L.38-1992, SEC.2.
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 and
declares that this state and its political subdivisions exist only to aid
in the conduct of the business of the people of this state. It is the
intent of this chapter 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. The purposes
of this chapter are remedial, and its provisions are to be liberally
construed 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 this
chapter, means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion
of the executive, administrative, or legislative power of the
state.
(2) Any county, township, school corporation, city, town,
political subdivision, or other entity, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, or legislative power of the state or a
delegated local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local
government 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 by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the
state of Indiana that issues bonds for the purpose of
constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the
committees 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 by
IC 4-31, including any department, division, or office of the
commission.
(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, a
committee, a body, or other entity; and
(B) takes official action on public business;
(2) the board, commission, council, or other body of a public
agency which takes official action upon public business; or
(3) any committee appointed directly by the governing body or
its presiding officer to which authority to take official action
upon public business has been delegated. An agent or agents
appointed by the governing body to conduct collective
bargaining on behalf of the governing body does not constitute
a governing body for purposes of this chapter.
(c) "Meeting" means a gathering of a majority of the governing
body of a public agency for the purpose of taking official action upon
public business. It does not include:
(1) any social or chance gathering not intended to avoid this
chapter;
(2) any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from
the governing body;
(3) traveling to and attending meetings of organizations devoted
to betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations,
policy, decisions, or final action on the terms of a request or an
offer of public financial resources;
(6) an orientation of members of the governing body on their
role and responsibilities as public officials, but not for any other
official action; or
(7) a gathering for the sole purpose of administering an oath of
office 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 public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking
official action.
(i) "Deliberate" means a discussion which may reasonably be
expected 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 legal
advertisements under IC 5-3-1, all news services (as defined in
IC 34-6-2-87), and all licensed commercial or public radio or
television stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental 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 not
mean a provider of goods, services, or other benefits that meets the
following requirements:
(1) The provider receives public funds through an agreement
with the state, a county, or a municipality that meets the
following requirements:
(A) The agreement provides for the payment of fees to the
entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the
agreement is not based upon or does not involve a
consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and
the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by
the entity for the services, goods, or other benefits actually
provided by the entity.
(2) The provider is not required by statute, rule, or regulation to
be 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 by
electronic means of communication
Sec. 3. (a) Except as provided in section 6.1 of this chapter, all
meetings of the governing bodies of public agencies must be open at
all times for the purpose of permitting members of the public to
observe 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 does
not violate this section.
(d) A member of the governing body of a public agency who is
not physically present at a meeting of the governing body but who
communicates with members of the governing body during the
meeting by telephone, computer, videoconferencing, or any other
electronic means of communication:
(1) may not participate in final action taken at the meeting
unless the member's participation is expressly authorized by
statute; and
(2) may not be considered to be present at the meeting unless
considering the member to be present at the meeting is
expressly authorized by statute.
(e) The memoranda of a meeting prepared under section 4 of this
chapter that a member participates in by using a means of
communication described in subsection (d) must state the name of:
(1) each member who was physically present at the place where
the meeting was conducted;
(2) each member who participated in the meeting by using a
means 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 governing
body of a public agency violates this chapter if members of the
governing body participate in a series of at least two (2) gatherings
of members of the governing body and the series of gatherings meets
all 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 the
governing 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 the
governing body attending any of the gatherings at least equals
a quorum of the governing body.
(3) All the gatherings concern the same subject matter and are
held within a period of not more than seven (7) consecutive
days.
(4) The gatherings are held to take official action on public
business.
For purposes of this subsection, a member of a governing body
attends a gathering if the member is present at the gathering in
person or if the member participates in the gathering by telephone or
other electronic means, excluding electronic mail.
(b) This subsection applies only to the city-county council of a
consolidated city or county having a consolidated city. The
city-county council violates this chapter if its members participate in
a series of at least two (2) gatherings of members of the city-county
council 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 gatherings
include at least three (3) members of the city-county council.
(2) The sum of the number of different members of the
city-county council attending any of the gatherings at least
equals a quorum of the city-county council.
(3) All the gatherings concern the same subject matter and are
held within a period of not more than seven (7) consecutive
days.
(4) The gatherings are held to take official action on public
business.
For purposes of this subsection, a member of the city-county council
attends a gathering if the member is present at the gathering in
person or if the member participates in the gathering by telephone or
other 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 of
the 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 from
the governing body;
(3) traveling to and attending meetings of organizations devoted
to the betterment of government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations,
policy, decisions, or final action on the terms of a request or an
offer of public financial resources;
(6) an orientation of members of the governing body on their
role and responsibilities as public officials, but not for any other
official action;
(7) a gathering for the sole purpose of administering an oath of
office to an individual; or
(8) a gathering between less than a quorum of the members of
the governing body intended solely for members to receive
information and deliberate on whether a member or members
may be inclined to support a member's proposal or a particular
piece of legislation and at which no other official action will
occur.
(d) A violation described in subsection (a) or (b) is subject to
section 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 of
minutes
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 location
of the meeting prior to the meeting. A rule, regulation, ordinance, or
other final action adopted by reference to agenda number or item
alone is void.
(b) As the meeting progresses, the following memoranda shall be
kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either
present or absent.
(3) The general substance of all matters proposed, discussed, or
decided.
(4) A record of all votes taken, by individual members if there
is 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 period
of time after the meeting for the purpose of informing the public of
the governing body's proceedings. The minutes, if any, are to be open
for 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 any
meetings, executive sessions, or of any rescheduled or reconvened
meeting, shall be given at least forty-eight (48) hours (excluding
Saturdays, Sundays, and legal holidays) before the meeting. This
requirement does not apply to reconvened meetings (not including
executive sessions) where announcement of the date, time, and place
of the reconvened meeting is made at the original meeting and
recorded in the memoranda and minutes thereof, and there is no
change in the agenda.
(b) Public notice shall be given by the governing body of a public
agency by:
(1) posting a copy of the notice at the principal office of the
public 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 January
1 an annual written request for such notices for the next
succeeding calendar year to the governing body of the public
agency. The governing body shall give notice by one (1) of the
following methods:
(A) Depositing the notice in the United States mail with
postage 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, it
shall comply with this subdivision upon receipt of a written
request 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 gateway
administered by the office of technology established by
IC 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 subsection
does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving
actual or threatened injury to person or property, or actual or
threatened disruption of the governmental activity under the
jurisdiction of the public agency by any event, then the time
requirements of notice under this section shall not apply, but:
(1) news media which have requested notice of meetings must
be given the same notice as is given to the members of the
governing body; and
(2) the public must be notified by posting a copy of the notice
according to this section.
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana
board of tax review, or any other governing body which meets
in continuous session, except that this section applies to
meetings of these governing bodies which are required by or
held pursuant to statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town
if the meetings are held solely to receive information or
recommendations in order to carry out administrative functions,
to carry out administrative functions, or confer with staff
members on matters relating to the internal management of the
unit. "Administrative functions" do not include the awarding of
contracts, the entering into contracts, or any other action
creating 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 a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that
the public is misled or substantially deprived of the opportunity to
attend, 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 a
person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following
instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the
following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending
or has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing
body up to the time a contract or option to purchase or lease
is executed by the parties.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and
implementation of school safety and security measures, plans,
and systems.
(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by the
Indiana economic development corporation, the office of
tourism development, the Indiana finance authority, the ports of
Indiana, an economic development commission, the Indiana
state department of agriculture, a local economic development
organization (as defined in IC 5-28-11-2(3)), or a governing
body of a political subdivision.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing
body has jurisdiction:
(A) to receive information concerning the individual's
alleged misconduct; and
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state
or federal statute.
(8) To discuss before a placement decision an individual
student's abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of
the salary, compensation, or benefits of employees during a
budget process.
(10) When considering the appointment of a public official, to
do the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees
from further consideration may not reduce the number of
prospective appointees to fewer than three (3) unless there are
fewer than three (3) prospective appointees. Interviews of
prospective appointees must be conducted at a meeting that is
open to the public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to
prevent, 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 subject
matter by specific reference to the enumerated instance or instances
for which executive sessions may be held under subsection (b). The
requirements stated in section 4 of this chapter for memoranda and
minutes being made available to the public is modified as to
executive sessions in that the memoranda and minutes must identify
the subject matter considered by specific reference to the enumerated
instance or instances for which public notice was given. The
governing body shall certify by a statement in the memoranda and
minutes of the governing body that no subject matter was discussed
in the executive session other than the subject matter specified in the
public notice.
(e) A governing body may not conduct an executive session
during a meeting, except as otherwise permitted by applicable
statute. A meeting may not be recessed and reconvened with the
intent of circumventing this subsection. As added by P.L.1-1991, SEC.37 and P.L.10-1991, SEC.8. Amended
by 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 person
authorized to act for a governing body, meets with an employee
organization, or any person authorized to act for an employee
organization, for the purpose of collective bargaining or discussion,
the following apply:
(1) Any party may inform the public of the status of collective
bargaining or discussion as it progresses by release of factual
information and expression of opinion based upon factual
information.
(2) If a mediator is appointed, any report the mediator may file
at the conclusion of mediation is a public record open to public
inspection.
(3) If a factfinder is appointed, any hearings the factfinder holds
must be open at all times for the purpose of permitting members
of the public to observe and record them. Any findings and
recommendations the factfinder makes are public records open
to public inspection as provided by IC 20-29-8-13 or any other
applicable statute relating to factfinding in connection with
public collective bargaining.
(b) This section supplements and does not limit any other
provision 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 of
competent jurisdiction to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of this
chapter; 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 in
accordance with section 5 of this chapter;
(C) that is based in whole or in part upon official action
taken at any:
(i) executive session in violation of section 3(a) of this
chapter;
(ii) meeting of which notice is not given in accordance
with section 5 of this chapter; or
(iii) series of gatherings in violation of section 3.1 of this
chapter; or
(D) taken at a meeting held in a location in violation of
section 8 of this chapter.
The plaintiff need not allege or prove special damage different from
that suffered by the public at large.
(b) Regardless of whether a formal complaint or an informal
inquiry is pending before the public access counselor, any action to
declare 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 chapter
occurring before the action is commenced, shall be commenced:
(1) prior to the delivery of any warrants, notes, bonds, or
obligations 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 known
that the act or failure to act complained of had occurred;
whichever is later. If the challenged policy, decision, or final action
is recorded in the memoranda or minutes of a governing body, a
plaintiff is considered to have known that the act or failure to act
complained of had occurred not later than the date that the
memoranda or minutes are first available for public inspection.
(c) If a court finds that a governing body of a public agency has
violated this chapter, it may not find that the violation was cured by
the governing body by only having taken final action at a meeting
that complies with this chapter.
(d) In determining whether to declare any policy, decision, or final
action void, a court shall consider the following factors among other
relevant factors:
(1) The extent to which the violation:
(A) affected the substance of the policy, decision, or final
action;
(B) denied or impaired access to any meetings that the public
had a right to observe and record; and
(C) prevented or impaired public knowledge or
understanding of the public's business.
(2) Whether voiding of the policy, decision, or final action is a
necessary prerequisite to a substantial reconsideration of the
subject matter.
(3) Whether the public interest will be served by voiding the
policy, decision, or final action by determining which of the
following factors outweighs the other:
(A) The remedial benefits gained by effectuating the public
policy 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 to
which persons have relied upon the validity of the
challenged action and the effect declaring the challenged
action void would have on them.
(4) Whether the defendant acted in compliance with an informal
inquiry response or advisory opinion issued by the public access
counselor concerning the violation.
(e) If a court declares a policy, decision, or final action of a
governing body of a public agency void, the court may enjoin the
governing body from subsequently acting upon the subject matter of
the voided act until it has been given substantial reconsideration at
a meeting or meetings that comply with this chapter.
(f) In any action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
(1) the plaintiff prevails; or
(2) the defendant prevails and the court finds that the action is
frivolous and vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, court
costs, and other reasonable expenses if the plaintiff filed the action
without first seeking and receiving an informal inquiry response or
advisory opinion from the public access counselor, unless the
plaintiff can show the filing of the action was necessary to prevent
a violation of this chapter.
(g) A court shall expedite the hearing of an action filed under this
section. 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 public
agencies:
(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 agency
described 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 the
Uniform Federal Accessibility Standards (41 C.F.R. 101-19.6, App.
A (1991)) or with the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)).
(c) As used in this section, "individual with a disability" means an
individual who has a temporary or permanent physical disability.
(d) A public agency may not hold a meeting at a location that is
not accessible to an individual with a disability. As added by P.L.38-1992, SEC.2.
