The Office of Public Access Counselor (OPAC) is a quasi-judicial state agency which receives complaints on alleged violations of the Open Door Law (ODL), under IC 5-14-15, and Access to Public Records Act (APRA), under IC 5-14-3.
APRA requests: If you have not already done so, you would need to make a public records request from the agency or department who holds the records following their process for making the request. Requests are typically made in writing or using an online form for efficiency, accuracy, and documentation purposes. Requests need to be made with “reasonable particularity” and not overly broad or complicated to allow the agency to locate the record and fulfill the request. The agency can ask for clarification and that is not a denial of records. Regardless of if the requestor is making a records request or following up on a request some questions may go unanswered. APRA is about requesting records and not to have questions answered about records or finding out information. The interpretation of records is up to you and may be able to be addressed in anther forum at the appropriate time and place.
Formal Complaint Process
After you have made a proper records request from the agency who holds the records and are improperly denied records that you are legally entitled to have under APRA or there is a violation of ODL you may file a complaint to our office within 30 days. Before filing a Formal Complaint with OPAC, review the information to ensure there is a violation of a law within our jurisdiction, then completely fill out and sign the Formal Complaint Form. Provide a short statement, limit supporting documents, and make sure the issues only relate to APRA or ODL. Failure to do this could lead to a rejection of the complaint or unnecessary delays.
Our office is unable to provide legal advice however there is information available to assist you on our website. You can research Advisory Opinions with key words at OPAC: Advisory Opinions and get additional information on the OPAC Website. It is important to understand OPAC is limited in its jurisdiction and does not represent the complainant in a personal capacity. Instead, OPAC represents the interest of the State of Indiana in ensuring its ODL and APRA laws are followed. You should consult a private attorney for advice on the full scope of remedies available to you.
When filling out the Complaint Form (State Form 49407) remember it is best if typed and not handwritten, all the information for the complainant and responding party is provided, including contacts and emails, and the form is signed and dated. Do not alter or encrypted the complaint form. If there is supporting documents or materials to provide its best to send them electronically with your complaint form and you should send them in PDF format as one (1) attachment (not in the body of the email and not multiple unorganized documents). The complaint narrative should be short but provide details on who, when, where, how, etc. Keep your complaint simple with only relative APRA or ODL issues, minimal supporting documents, and keeping the documents organized in one (1) PDF. (DO NOT send an overabundance of information, material, or provide details in the narrative that are not germane to the APRA or ODL issue.)
Please Note: OPAC does not accept videos or links for several reasons including, but not limited to storage, security, record keeping, and it’s not necessary as pictures or documents will show what is needed.
If OPAC find merit in an APRA or ODL complaint and the issue is valid then the Public Access Counselor could potentially issue a published Advisory Opinion on the issue raised in the complaint. OPAC is not an ombudsman for records and do not hold the records for public agencies or departments. OPAC is unable to make another agency to provide records, but reviews complaints and responses then write opinions on if and how APRA or ODL laws were violated. The complaint process is not punitive but designed to educate agencies and help citizens in matters related to APRA and ODL. Sometimes We are able to help with the resolution of a matter where an Advisory Opinion may not be necessary and we encourage resolutions when possible.
After sending a complaint OPAC will review and determine if our office is move forward with the complaint. We receive a large volume of requests, emails, calls, mail, and complaints. There are also trainings OPAC conducts, legal research, Advisory Opinions, and other duties related to advancing and overseeing compliance of ODL and APRA laws. Because of the high volume of contacts, it is impossible for us to speak with everyone personally however complaints are addressed in the order received and will be reviewed. OPAC has several hundred open complaints with a high volume of complaints reviewed each week and we thank you for your interest in helping with ensuring we have an open and transparent government.
Before Filing a Formal Complaint
Be sure to familiarize yourself with the Guide to Filing a Formal Complaint, applicable statutes, and exemptions under APRA and ODL (IC 5-14-3 and IC 5-14-1.5), case law, and use the "search" tool located on Advisory Opinions to find any opinions that may help you in determining if there is a violation of APRA or ODL. You can use the search tool to narrow your search with key words.
File a Formal Complaint
When filling out the Formal Complaint Form make sure it is filled out completely and the issue is adequetly explained. You may include some limited supporting documents.
FORMAL COMPLAINT FORM