Citations Affected: IC 5-14-1.5; IC 8-1-2.2-31; IC 20-12;
IC 23-13-18-28.
Synopsis: Serial meetings and electronic meetings. Provides that,
absent express statutory authorization, a member of the governing body
of a public agency who is not physically present at a meeting but
communicates with other members of the governing body during the
meeting by an electronic means of communication (excluding
electronic mail) may not participate in a final action taken at the
meeting or be considered to be present at the meeting. Allows the
board of trustees of a state educational institution and the governing
body of a joint agency of a municipal utility program to conduct
meetings by electronic means. Provides that a series of gatherings by
members of the governing body of a public agency violates the open
door law if: (1) less than a quorum of members of the governing body
attend each gathering; (2) the total number of members attending all
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 days; and (4) the gatherings are held for
the purpose of conducting official business.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Governmental Affairs and
Interstate Cooperation.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3.1. (a) A 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 that meets all the following
criteria:
(1) Each gathering is attended by at least two (2) members but
less than a quorum of the members of the governing body.
(2) The sum of the number of members of the governing body
attending each gathering 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) 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) A gathering under subsection (a) does not include:
(1) a social or chance gathering not intended to avoid this
chapter;
(2) an on-site inspection of any project or program;
(3) traveling to and attending meetings of organizations
devoted to the betterment of government;
(4) a caucus; or
(5) a meeting between one (1) member of the governing body
and at least one (1) other individual who is not a member of
the governing body concerning public business.
(c) A violation described in subsection (a) is subject to section 7
of this chapter.
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.
the board is physically present at the place where the meeting is
conducted.
(b) A member of the board of commissioners of a joint authority
may participate in a meeting of the board of commissioners by
using a means of communication that permits:
(1) all other members participating in the meeting; and
(2) all members of the public physically present at the place
where the meeting is conducted;
to simultaneously communicate with each other during the
meeting.
(c) A member of the board of commissioners of a joint authority
who participates in a meeting under subsection (b) is considered to
be present at the meeting.
(d) The memoranda of a meeting of the board of commissioners
of a joint authority prepared under IC 5-14-1.5-4 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 subsection (b); and
(3) each member who was absent.
means of communication described in subsection (b); and
(3) each member who was absent.