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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:
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 Version a
Open meetings; secret ballot votes; member participating by
electronic means of communication
Note: This version of section effective until 1-1-2013. See also
following version of this section, effective 1-1-2013.
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.
IC 5-14-1.5-3 Version b
Open meetings; secret ballot votes; member participating by
electronic means of communication
Note: This version of section effective 1-1-2013. See also
preceding version of this section, effective until 1-1-2013.
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 section 3.5 or 3.6 of
this chapter or any other statute that authorizes a governing body to
conduct a meeting using an electronic means of communication does
not violate this section.
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; P.L.134-2012,
SEC.10.
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 5-14-1.5-3.5
Electronic meetings of political subdivisions; statutory
authorization required
Effective 1-1-2013.
Sec. 3.5. (a) This section applies only to a governing body of a
public agency of a political subdivision.
(b) 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, video conferencing, 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.
(c) The memoranda prepared under section 4 of this chapter for
a meeting in which a member participates by using a means of
communication described in subsection (b) 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.
As added by P.L.134-2012, SEC.11.
IC 5-14-1.5-3.6
Electronic meetings of state agencies
Effective 1-1-2013.
Sec. 3.6. (a) This section applies only to a governing body of a
public agency of the state, including a body corporate and politic
established as an instrumentality of the state.
(b) A member of the governing body of a public agency who is
not physically present at a meeting of the governing body may
participate in a meeting of the governing body by electronic
communication only if the member uses a means of communication
that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place
where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under
subsection (g)(7), all members of the public physically present
at a public location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in a
meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution. The
minimum number of members who must be physically present
at the place where the meeting is conducted must be the greater
of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic
meeting must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the
meeting is conducted and the minimum number of members is
physically present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually.
(e) Unless a policy adopted by a governing body under subsection
(g) provides otherwise, a member who participates in a meeting by
electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of
electronic communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the
governing body, adopts a policy under subsection (g) governing
participation in meetings of the governing body by electronic
communication.
(g) A policy adopted by a governing body to govern participation
in the governing body's meetings by electronic communication may
do any of the following:
(1) Require a member to request authorization to participate in
a meeting of the governing body by electronic communication
within a certain number of days before the meeting to allow for
arrangements to be made for the member's participation by
electronic communication.
(2) Subject to subsection (e), limit the number of members who
may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing body
may conduct in a calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which
any one (1) member of the governing body may participate by
electronic communication.
(5) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on any
official action.
(6) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days
after the date of the meeting.
(7) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings of
the governing body, excluding executive sessions, at a public
place or public places at which a member is physically present
and participates by electronic communication. If the governing
body's policy includes this provision, a meeting notice must
provide the following information:
(A) The identity of each member who will be physically
present at a public place and participate in the meeting by
electronic communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate
by electronic communication.
(C) Unless the meeting is an executive session, a statement
that a location described in clause (B) will be open and
accessible to the public.
(8) Require at least a quorum of members to be physically
present at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (e), a specified number of members:
(A) are physically present at the location where the meeting
is conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions
that govern participation in meetings of the governing body by
electronic communication and are not in conflict with this
chapter.
(h) The policy adopted by the governing body must be posted on
the Internet web site of the governing body or the public agency.
(i) Nothing in this section affects a public agency's right to
exclude the public from an executive session in which a member
participates by electronic communication.
IC 5-14-1.5-4 Version a
Posting agenda; memoranda of meetings; public inspection of
minutes
Note: This version of section effective until 1-1-2013. See also
following version of this section, effective 1-1-2013.
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 5-14-1.5-4 Version b
Posting agenda; memoranda of meetings; public inspection of
minutes
Note: This version of section effective 1-1-2013. See also
preceding version of this section, effective until 1-1-2013.
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 section 3.5 or 3.6
of this chapter or any other statute that authorizes a governing
body to conduct a meeting using an electronic means of
communication.
(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; P.L.134-2012,
SEC.13.
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 as follows:
(1) The governing body of a public agency shall give public
notice by 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.
(2) The governing body of a public agency shall give public
notice by delivering notice to all news media which deliver an
annual written request for the notices not later than December
31 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, which shall be determined by
the governing body:
(A) Depositing the notice in the United States mail with
postage prepaid.
(B) Transmitting the notice by electronic mail, if the public
agency has the capacity to transmit electronic mail.
(C) Transmitting the notice by facsimile (fax).
(3) This subdivision applies only to the governing body of a
public agency of a political subdivision described in section
2(a)(2), 2(a)(4), or 2(a)(5) of this chapter that adopts a policy to
provide notice under this subdivision. Notice under this
subsection is in addition to providing notice under subdivisions
(1) and (2). If the governing body adopts a policy under this
subdivision, the governing body of a public agency shall give
public notice by delivering notice to any person (other than
news media) who delivers to the governing body of the public
agency an annual written request for the notices not later than
December 31 for the next succeeding calendar year. The
governing body shall give notice by one (1) of the following
methods, which shall be determined by the governing body:
(A) Transmitting the notice by electronic mail, if the public
agency has the capacity to send electronic mail.
(B) Publishing the notice on the public agency's Internet web
site at least forty-eight (48) hours in advance of the meeting,
if the public agency has an Internet web site.
A court may not declare void any policy, decision, or final action
under section 7 of this chapter based on a failure to give a person
notice under subdivision (3) if the public agency made a good faith
effort to comply with subdivision (3). If a governing body comes into
existence after December 31, it shall comply with this subsection
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 under
subsection (b)(2) 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 subsection (b)(1).
(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;
P.L.134-2012, 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.
(E) School consolidation.
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:
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; P.L.139-2011, SEC.1;
P.L.24-2012, 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 any 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; P.L.48-2011, SEC.1.
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 may assess a civil penalty under section 7.5 of this
chapter only if the plaintiff obtained an advisory opinion from the
public access counselor before filing an action under this section as
set forth in section 7.5 of this chapter.
(h) 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; P.L.134-2012, SEC.15.
IC 5-14-1.5-7.5
Civil penalties imposed on public agency, officer, or management
level employee
Sec. 7.5. (a) This section applies only to an individual who is:
(1) an officer of a public agency; or
individual in a separate action, but an individual may not be assessed
more than one (1) civil penalty in any one (1) action brought under
this section.
(g) A court shall distribute monthly to the auditor of state any
penalties collected under this section for deposit in the education
fund established by IC 5-14-4-14.
(h) An individual is personally liable for a civil penalty imposed
on the individual under this section. A civil penalty imposed against
a public agency under this section shall be paid from the public
agency's budget.
(i) If an officer of a public agency directs an individual who is
employed in a management level position to fail to give proper notice
as described in subsection (b)(1), the management level employee is
not subject to civil penalties under subsection (f).
As added by P.L.134-2012, SEC.16.
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.