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Saturday, December 16, 2006

Ind. Gov't. - Allen County commissioners ban continuous meetings

Benjamin Lanka reports today in the Fort Wayne Journal Gazette:

For the first time in decades, the Allen County commissioners will not be “continuously” meeting, a practice that was criticized by the state’s public access counselor.

John McGauley, spokesman for the commissioners, said the commissioners will not approve a resolution to meet in “continuous session” next year, an action the board has taken for about 20 years. The commissioners next year will also conduct public legislative meetings only every other week, a change from their weekly Wednesday meetings from past years.

The commissioners previously said going into continuous session allows the three-member board to meet without violating open-meeting laws. Although state law allows commissioners to meet without notice for administrative functions, Allen County has passed the resolution to make sure it complies with the laws.

The Indiana public access counselor, however, has twice ruled that state law does not allow county commissioners to meet in continuous session.

In October 1998 and again in March 2000, the state office issued opinions saying the practice is prohibited. In one case, it ruled the meeting in question was legal, even if its defense didn’t hold up, because it dealt only with administrative functions exempt from the Open Door Law. The other meeting the state office declared to be a violation. Even the administrative meetings that don’t require notice “must still be open for the public to attend and observe them,” the opinion said.

Commissioner Nelson Peters said eliminating the continuous session was done to provide more transparency to county government.

The ILB is unclear at the moment of the distinction, if any, between "continuous" meetings and "serial" meetings. The latter have been the subject of a number of ILB entires - a bill to probhibit them has failed in the past two legislative sessions, despite much editorial acclaim.

Posted by Marcia Oddi on December 16, 2006 09:13 AM
Posted to Indiana Government