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Wednesday, September 19, 2007

Ind. Gov't. - Lake Station City Council wants to ban public vidoetaping of meetings

"I've heard the talk. They go to a bar and play back certain parts and make fun of certain councilmen." That is a quote attributed to City Council president Keith Soderquist in this story by Deborah Laverty today in the NWI Times. More from the story:

The City Council at its meeting on Thursday will further discuss the issue but on Tuesday removed from the agenda an ordinance prohibiting the use of recording, video and photographic devices at meetings.

"We're sending out a revised agenda because I don't want to do anything reckless," he said.

Soderquist said he is aware of the state's Sunshine Law and it's clear to him that the public does have the right to record meetings.

"I'm a little surprised our attorney didn't look into it a little harder," he said.

Staci Schneider, a spokeswoman for the Indiana Attorney General's office, echoed his comments.

Although she said she couldn't directly comment on the law, Schneider did point out a paragraph in the "Handbook on Indiana's Public Access Laws" which states citizens under the Open Door Law are allowed to record public meetings by videotape, shorthand or any other method of recording. * * *

Lake Station City Attorney Raymond Szarmach said the issue the City Council is proposing is narrow and, if approved by Lake Station, could be the first challenge of its kind to the state's ruling.

"It's a very narrow issue whether or not a municipality can control videotaping by private citizens at a public meeting," he said.

City Council Attorney Michael Deppe, who had been asked by the City Council to draft an ordinance barring private videotaping, couldn't be reached for comment.

Soderquist said it's his understanding that both attorneys had told officials they could place restrictions.

"They used the precedent of the courts where videotapes aren't allowed," he said.

Soderquist said he doesn't have a problem with anyone videotaping meetings if they don't later tamper or edit their results.

"I hope they'd use the best judgement and that nothing is being edited. You can alter the tape and hurt someone bad," he said.

From a story by Karen Snelling in the Gary Post-Tribune:
The City Council could be inviting a lawsuit if it moves ahead with plans to bar cameras from its meetings.

Heather Neal, Indiana's public access counselor, said the proposed restriction violates the state Open Door Law.

"The public has a right to observe and record public meetings," Neal said. "And public bodies have no authority to impose sanctions or restrictions," she said.

Councilman Todd Rogers called for the ban to stop a Lake Station precinct committeewoman from taping council meetings. Rogers said the woman refused to tell him what she does with the recordings.

That disclosure is not required under state statues.

The Open Door Law was enacted in 1977 to give people easy access to meetings held by governing bodies.

Under the law, anyone can attend and record a public meeting.

"Rules and regulations that prohibit the use of cameras, tape recorders or other recognized means of recording a meeting are void," the state's handbook on public access laws reads.

Posted by Marcia Oddi on September 19, 2007 09:33 AM
Posted to Indiana Government