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Wednesday, September 10, 2008

Ind. Gov't. - More on "Public records not released from Jeffersonville's Clerk-Treasurer's Office"

Updating this ILB entry from August 10th, quoting a story in the Jeffersonville Evening News & Tribune about a public records records complaint against the city’s Clerk-Treasurer’s Office, alleging denial of public records -- the records being statements for the Clerk-Treasurer’s Office’s credit card -- David A. Mann of the News & Tribune reports today in a story that begins:

Indiana open records law was not violated when the Jeffersonville Clerk-Treasurer’s office did not release credit card statements, according to an opinion recently issued by Indiana Public Access Counselor Heather Willis Neal.

The opinion followed a complaint by resident Mike Hutt, a former Jeffersonville City Council candidate, who had requested copies of credit card statements.

City officials maintain that the statements Hutt was requesting belonged personally to Clerk-Treasurer Peggy Wilder, not the city.

“The credit card statements Mr. Hutt requested were credit cards that Ms. Wilder obtained through her personal credit, her personal Social Security number and she was personally obligated to pay the debt upon those credit cards,” a statement from the city said responding to the formal complaint Hutt made.

In the opinion, Neal said, the central issue in the complaint was whether the credit cards were obtained by the city or by Wilder herself.

“Whether the credit cards belong to the public agency or the individual, what documentation the clerk is required to submit to receive reimbursement for public agency expenses and the guidelines for using personal credit cards for public expenses are issues outside the purview of this office and are issues which may be addressed by the Indiana State Board of Accounts,” Neal wrote.

The fact that the clerk’s office provided Hutt with access to records relating to reimbursement for city expenses, satisfies the open records law, she said.

Here is the PAC Advisory Opinion 08-FC-191, dated August 26, 2008.

Posted by Marcia Oddi on September 10, 2008 12:05 PM
Posted to Indiana Government