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Wednesday, March 18, 2015

Ind. Gov't. - Still more on: Is the General Assembly subject to the public records law?

Updating this ILB post from March 6th, and this supplement from the same day, the ILB has now received some additional information. Recall that the initial ILB post ended with:

The opinion concludes that in this specific case, much of what is requested may fall into the legislative work product exception, but "it remains to be seen whether the totality of the documentation is work product." Additionally, the PAC asks that the request be refined so that the emails sought are defined with "reasonable particularly." Concluding:
If resubmitted with reasonable specificity, the Caucus would need to identify the non-disclosable records containing work product and produce the information which does not contain work product.

Conclusion. Based on the foregoing, it is the Opinion of the Public Access Counselor the Indiana General Assembly is subject to the Access to Public Records Act.

On March 9, 2015, the entity in this case, the Energy and Policy Institute, filed a new "refined" request, aimed at defining the emails sought with "reasonable particularity." Here is a copy of that document.

And here is a copy of the 3-page March 16th response from the Chief Counsel to the House Republican Caucus, again denying the request, asserting broadly that the Access to Public Records Law does not apply to the General Assembly.

Posted by Marcia Oddi on March 18, 2015 08:30 AM
Posted to Indiana Government