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Monday, January 07, 2008

Ind. Gov't. - "Put teeth in public access laws"

Marisa Kwiatkowski and Patrick Guinane of the NWI Times reported Saturday:

In the wake of recent local battles for access to public records, State Sen. Frank Mrvan, D-Hammond, said Friday he may seek to strengthen the powers of the state public access counselor during the upcoming legislative session.

The state agency issues advisory opinions on potential violations to Indiana's Access to Public Records and Open Door laws but does not have the power to fine agencies that thwart public access.

"What is the point of having it unless they have some teeth to do something?" Mrvan said.

A recent statewide survey of people who have tapped the state agency found nearly 91 percent of respondents believe the public access counselor should have the authority to levy fines or issue enforcement actions.

A change to the public access counselor's powers could have local implications.

Two years ago, Mrvan unsuccessfully fought to get records from the now scandal-toppled Gary Urban Enterprise Association.

And in 2007, Indiana Public Access Counselor Heather Willis Neal ruled against the Crown Point Development Corp. twice for denying public access to its decision-making process.

In August, the state agency ruled the Development Corp. is a public agency and violated state law by failing to provide notice of its meeting and denying public access.

The Crown Point Development Corp.'s first attempt to move forward with a $500,000 loan to New York-based Plasmatronics came under fire from city officials and The Times after the corporation denied public access to its July 11 meeting and voted behind closed doors. The corporation recast its vote in a public meeting July 25 and approved the grant.

The loan is funded by taxpayers' money from a tax-increment financing district.

Corporation member Allan Katz later filed a complaint with the access counselor after Economic Development Director Eric Hammond refused to provide a balance sheet or income statements from Plasmatronics before Katz was asked to vote. Katz also asked for documents proving Kevin Keough's appointment to the corporation.

In response to both complaints, Neal said the corporation violated the Access to Public Records Act by refusing to give Katz the information.

Katz said Friday he has still not received the information he requested.

Mrvan said he already turned in a full slate of bills for the legislative session that begins Tuesday but may try to bolster the access counselor's powers through an amendment.

The Indiana Coalition for Open Government (ICOG) released a study last week showing that "A statewide survey of people who tapped the Indiana Public Access Counselor’s office for legal advice reveals that nearly 91 percent of the respondents believe the PAC should have enforcement authority to punish government officials who violate state sunshine laws." Access the press release here and the complete study here.

A number of Indiana papers have had editorials and opinion pieces within the last few days supporting adding teeth to the Indiana public access law, including this one from Mizell Stewart, III of the Evansville Courier & Press and this one from the Anderson Herald Bulletin.

Posted by Marcia Oddi on January 7, 2008 12:40 PM
Posted to Indiana Government