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Thursday, September 20, 2007

Ind. Gov't. - More on: "Recording ban to end in City-County Building"

Updating this entry from earlier today titled "Recording ban to end in City-County Building", the ILB has been able to locate two past Indiana Public Access counselor Advisory Opinions on videotaping or photographing public meetings of county councils or planning commissions.

Advisory Opinion 01-FC-48; Alleged Violation of the Indiana Open Door Law by the Hendricks County Council. This is a Sept. 6, 2001 opinion by PAC Anne Mullin O’Connor. The opinion cites Berry v. Peoples Broadcasting Corp., 547 N.E.2d 231, 234 (1989).

Formal Complaint 06-FC-176; Alleged Violation of the Open Door Law by the Michiana Shores Planning Commission. This is a Nov. 13, 2006 opinion by PAC Karen Davis. This opinion also cites Berry.

Here is a quote from the Supreme Court's opinion in Berry v. Peoples Broadcasting Corp:

IV. Use of Cameras and Recorders

The trial court and the Court of Appeals both held that Rule 505(B)(3) banning cameras and tape recorders must fall before the Open Door Law's directive that the public may "observe and record" public meetings. Ind.Code § 5--14--1.5--3(a). While the Open Door Law does not define "record," the trial court interpreted it to mean "the reasonable use of recorders, cameras and any other recognized means of recording." The trial court found that one stationary camera and a splitter box were a standard method of pooling video and audio equipment.

When a local board regulation is in conflict with a state statute, the local regulation is subordinated. [cites omitted] Those portions of Rule 505(B)(3) that prohibit use of recorders are in contravention of the Open Door Law and are void. We conclude that the trial court's definition of the word "record" is a sound one, and that its finding concerning the reasonableness of requiring pooling of equipment properly balances the public's statutory right to record with the deputies' right to due process and the public interest in the effective performance by the board of its duties.

Posted by Marcia Oddi on September 20, 2007 04:22 PM
Posted to Indiana Government