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Tuesday, March 08, 2011

Ind. Gov't. - "Are Indiana Alcohol and Tobacco Commission minutes adequate?"

This is from the March 7, 2011 issue of the newsletter of Project RAD (Responsible Alcohol Distribution):

Project RAD filed this request with the state's Public Access Counselor (PAC) last year when it became clear that ATC minutes seemed a bit - inadequate. We filed this request and are now sharing it based on some recent queries we have received about the commission. The PAC, which was initially created by the executive order of former Gov. Frank O'Bannon, can sometimes provide a useful (and free) legal opinion on public agencies and how they handle public meetings and public records.

Here's the PAC response to our query about ATC minutes (bold items are our emphasis):

You ask whether the Indiana Alcohol and Tobacco Commission (the "Commission") is required to create more detailed minutes than those the Commission currently makes available through its website. The Commission currently does not include information identifying which permits from applicants are approved by a vote of the Commission at its regular meetings.

The ODL (Open Door Law) contains no requirement that a governing body utilize an agenda or create minutes of its meetings. Regarding minutes and memoranda, the ODL provides the following:

(b) As the meeting progresses, the following memoranda shall be kept:
(1) The date, time, and place of the meeting.

(2) The members of the governing body recorded as either present or absent.

(3) The general substance of all matters proposed, discussed, or decided.

(4) A record of all votes taken, by individual members if there is a roll call.

(5) Any additional information required under IC 5-1.5-2-2.5.

(c) The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the governing body's proceedings. The minutes, if any, are to be open for public inspection and copying.
I.C. ยง 5-14-1.5-4 (emphasis added). Thus, because the Commission is not required by the ODL to create minutes, it is my opinion that nothing requires the Commission to create more detailed minutes than those it currently posts online. I note, however, that because the Commission is required to create memoranda with the information required by section 4(b), more detailed information regarding votes might be available to you upon request to the Commission.

If I can be of additional assistance, please do not hesitate to contact me.

Best regards,
Andrew J. Kossack
Indiana Public Access Counselor

ILB: Here is the Alcohol & Tobacco Commission website. There does not appear to be any reference to either ATC meetings or minutes, or who the commissioners are. If there are meetings, they should be public noticed somewhere ...

I can't locate the PAC opinion online; as noted in earlier posts, the opinions section is not kept up-to-date.

Posted by Marcia Oddi on March 8, 2011 02:27 PM
Posted to Indiana Government