IC 5-14-4-1 "Counselor" defined
Sec. 1. As used in this chapter, "counselor" refers to the public
access 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 the
public 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 public
meetings 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 meaning
set forth in:
(1) IC 5-14-1.5-2 for purposes of matters concerning public
meetings; and
(2) IC 5-14-3-2 for purposes of matters concerning public
records. 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 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 5-14-4-6 Appointment; term
Sec. 6. The governor shall appoint a public access counselor for
a 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 shall
appoint an individual to serve for the remainder of the counselor's
unexpired 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 the
duties of the office and may not be actively engaged in any other
occupation, 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 public
officials and educate the public on the rights of the public and
the responsibilities of public agencies under the public access
laws. The counselor may contract with a person or a public or
private entity to fulfill the counselor's responsibility under this
subdivision.
(2) To conduct research.
(3) To prepare interpretive and educational materials and
programs in cooperation with the office of the attorney general.
(4) To distribute to newly elected or appointed public officials
the public access laws and educational materials concerning the
public access laws.
(5) To respond to informal inquiries made by the public and
public agencies by telephone, in writing, in person, by
facsimile, or by electronic mail concerning the public access
laws.
(6) To issue advisory opinions to interpret the public access
laws upon the request of a person or a public agency. However,
the counselor may not issue an advisory opinion concerning a
specific matter with respect to which a lawsuit has been filed
under IC 5-14-1.5 or IC 5-14-3.
(7) To make recommendations to the general assembly
concerning 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 personnel
necessary to carry out the functions of the office subject to the
approval 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 electronic
format under IC 5-14-6 not later than June 30 of each year to the
legislative services agency concerning the activities of the counselor
for the previous year. The report must include the following
information:
(1) The total number of inquiries and complaints received.
(2) The number of inquiries and complaints received each from
the 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 the
following:
(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 the
following:
(A) Public records.
(B) Public meetings.
(6) The total number of written advisory opinions issued and
pending. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4. Amended
by P.L.28-2004, SEC.58.
IC 5-14-4-13 Statute of limitations
Sec. 13. An informal inquiry or other request for assistance under
this chapter does not delay the running of a statute of limitation that
applies to a lawsuit under IC 5-14-1.5 or IC 5-14-3 concerning the
subject matter of the inquiry or other request. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-1 "Counselor" defined
Sec. 1. As used in this chapter, "counselor" refers to the public
access 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 the
public 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 public
meetings 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 meaning
set forth in:
(1) IC 5-14-1.5-2 for purposes of matters concerning public
meetings; and
(2) IC 5-14-3-2 for purposes of matters concerning public
records. 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 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 5-14-4-6 Appointment; term
Sec. 6. The governor shall appoint a public access counselor for
a 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 shall
appoint an individual to serve for the remainder of the counselor's
unexpired 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 the
duties of the office and may not be actively engaged in any other
occupation, 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 public
officials and educate the public on the rights of the public and
the responsibilities of public agencies under the public access
laws. The counselor may contract with a person or a public or
private entity to fulfill the counselor's responsibility under this
subdivision.
(2) To conduct research.
(3) To prepare interpretive and educational materials and
programs in cooperation with the office of the attorney general.
(4) To distribute to newly elected or appointed public officials
the public access laws and educational materials concerning the
public access laws.
(5) To respond to informal inquiries made by the public and
public agencies by telephone, in writing, in person, by
facsimile, or by electronic mail concerning the public access
laws.
(6) To issue advisory opinions to interpret the public access
laws upon the request of a person or a public agency. However,
the counselor may not issue an advisory opinion concerning a
specific matter with respect to which a lawsuit has been filed
under IC 5-14-1.5 or IC 5-14-3.
(7) To make recommendations to the general assembly
concerning 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 personnel
necessary to carry out the functions of the office subject to the
approval 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 electronic
format under IC 5-14-6 not later than June 30 of each year to the
legislative services agency concerning the activities of the counselor
for the previous year. The report must include the following
information:
(1) The total number of inquiries and complaints received.
(2) The number of inquiries and complaints received each from
the 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 the
following:
(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 the
following:
(A) Public records.
(B) Public meetings.
(6) The total number of written advisory opinions issued and
pending. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4. Amended
by P.L.28-2004, SEC.58.
IC 5-14-4-13 Statute of limitations
Sec. 13. An informal inquiry or other request for assistance under
this chapter does not delay the running of a statute of limitation that
applies to a lawsuit under IC 5-14-1.5 or IC 5-14-3 concerning the
subject matter of the inquiry or other request. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
IC 5-14-4-1 "Counselor" defined
Sec. 1. As used in this chapter, "counselor" refers to the public
access 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 the
public 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 public
meetings 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 meaning
set forth in:
(1) IC 5-14-1.5-2 for purposes of matters concerning public
meetings; and
(2) IC 5-14-3-2 for purposes of matters concerning public
records. 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 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 5-14-4-6 Appointment; term
Sec. 6. The governor shall appoint a public access counselor for
a 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 shall
appoint an individual to serve for the remainder of the counselor's
unexpired 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 the
duties of the office and may not be actively engaged in any other
occupation, 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 public
officials and educate the public on the rights of the public and
the responsibilities of public agencies under the public access
laws. The counselor may contract with a person or a public or
private entity to fulfill the counselor's responsibility under this
subdivision.
(2) To conduct research.
(3) To prepare interpretive and educational materials and
programs in cooperation with the office of the attorney general.
(4) To distribute to newly elected or appointed public officials
the public access laws and educational materials concerning the
public access laws.
(5) To respond to informal inquiries made by the public and
public agencies by telephone, in writing, in person, by
facsimile, or by electronic mail concerning the public access
laws.
(6) To issue advisory opinions to interpret the public access
laws upon the request of a person or a public agency. However,
the counselor may not issue an advisory opinion concerning a
specific matter with respect to which a lawsuit has been filed
under IC 5-14-1.5 or IC 5-14-3.
(7) To make recommendations to the general assembly
concerning 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 personnel
necessary to carry out the functions of the office subject to the
approval 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 electronic
format under IC 5-14-6 not later than June 30 of each year to the
legislative services agency concerning the activities of the counselor
for the previous year. The report must include the following
information:
(1) The total number of inquiries and complaints received.
(2) The number of inquiries and complaints received each from
the 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 the
following:
(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 the
following:
(A) Public records.
(B) Public meetings.
(6) The total number of written advisory opinions issued and
pending. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4. Amended
by P.L.28-2004, SEC.58.
IC 5-14-4-13 Statute of limitations
Sec. 13. An informal inquiry or other request for assistance under
this chapter does not delay the running of a statute of limitation that
applies to a lawsuit under IC 5-14-1.5 or IC 5-14-3 concerning the
subject matter of the inquiry or other request. As added by P.L.70-1999, SEC.4 and P.L.191-1999, SEC.4.
