Citations Affected: IC 5-14.
Synopsis: Open door law and public records. Provides that agents
appointed by a governing body of a public agency to conduct collective
bargaining on behalf of the governing body are not subject to the open
door law. (Currently only agents appointed by a school corporation to
conduct collective bargaining on behalf of the school corporation are
exempted from the open door law.) Amends the access to public
records law to do the following: (1) Revise the section of the law
stating the public policy behind the law. (2) Specify that the legislative
branch is subject to the law to the extent provided in law or in its rules.
(3) Make corresponding changes by removing from the list of
discretionary exclusions the work products of the legislative services
agency and members of the general assembly and their partisan staffs.
Effective: Upon passage; July 1, 2001.
January 8, 2001, read first time and referred to Committee on Education.
February 26, 2001, amended, reported _ Do Pass.
March 5, 2001, read second time, amended, ordered engrossed.
March 6, 2001, engrossed. Read third time, passed. Yeas 92, nays 1.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is excluded, except the governing body may admit those persons necessary to carry out its purpose.
(g) "Final action" means a vote by the governing body on any motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or coalition which is held for purposes of planning political strategy and holding discussions designed to prepare the members for taking official action.
(i) "Deliberate" means a discussion
which that may reasonably be
expected to result in official action (defined under subsection (d)(3),
(d)(4), (d)(5), or (d)(6)).
(j) "News media" means all newspapers qualified to receive legal advertisements under IC 5-3-1, all news services (as defined in IC 34-6-2-87), and all licensed commercial or public radio or television stations.
(k) "Person" means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity.
UPON PASSAGE]: Sec. 1.5. (a) The general assembly finds that the
citizens of the state of Indiana have constitutional rights that shall
not be impaired, either directly or indirectly. Among those rights
is the freedom to speak and write freely, in the course of which
citizens may instruct their elected representatives as well as seek
a redress of grievances. Those citizens who are elected to serve in
the general assembly have a corresponding right to receive
information, whether it be oral, written, or in electronic form, and
to consider and discuss freely that information among themselves,
with a view towards enacting legislation that is the product of
thoughtful, uninhibited debate and discussion.
(b) In accordance with Article 3, Section 1 and Article 4, Section 10 of the Constitution of the State of Indiana, this chapter applies to the legislative branch of state government as follows:
(1) To the house of representatives only to the extent expressly set out in law or in the Rules for the Government of the House that are adopted during, and applicable to, a term of the general assembly (as defined in IC 2-2.1-1-1(2)).
(2) To the senate only to the extent expressly set out in law or in the Standing Rules and Orders of the Senate that are adopted during, and applicable to, a term of the general assembly (as defined in IC 2-1.1-1-1(2)).
(3) To the legislative services agency to the extent expressly set out in personnel rules adopted by the legislative council.
commissions to an industrial, a research, or a commercial
prospect shall be available for inspection and copying under
section 3 of this chapter after negotiations with that prospect
(C) When disclosing a final offer under clause (B), the department of commerce shall certify that the information being disclosed accurately and completely represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or deliberative material, including material developed by a private contractor under a contract with a public agency, that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for public employment, except for:
(A) the name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency;
(B) information relating to the status of any formal charges against the employee; and
(C) information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.
However, all personnel file information shall be made available to the affected employee or his representative. This subdivision does not apply to disclosure of personnel information generally on all employees or for groups of employees without the request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would jeopardize a recordkeeping or security system.
(11) Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it and portions of electronic maps entrusted to a public agency by a utility.
(12) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1. However, this subdivision does not apply to that information
required to be available for inspection and copying under
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) (13) The identity of a donor of a gift made to a public agency
(A) the donor requires nondisclosure of his identity as a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's family requests nondisclosure.
(16) (14) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in the documents under which the deposit or acquisition is made; or
(iii) after the death of persons specified at the time of the acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) (15) The identity of any person who contacts the bureau of
motor vehicles concerning the ability of a driver to operate a
motor vehicle safely and the medical records and evaluations
made by the bureau of motor vehicles staff or members of the
driver licensing advisory committee. However, upon written
request to the commissioner of the bureau of motor vehicles, the
driver must be given copies of the driver's medical records and
evaluations that concern the driver.
(18) (16) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
(c) Notwithstanding section 3 of this chapter, a public agency is not required to create or provide copies of lists of names and addresses, unless the public agency is required to publish such lists and disseminate them to the public pursuant to statute. However, if a public agency has created a list of names and addresses, it must permit a person to inspect and make memoranda abstracts from the lists unless
access to the lists is prohibited by law. The following lists of names and
addresses may not be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state institution of higher education or of persons involved in programs or activities conducted or supervised by the state institution of higher education.
(3) A list of students who are enrolled in a public school corporation if the governing body of the public school corporation adopts a policy:
(A) prohibiting the disclosure of the list to commercial entities for commercial purposes; or
(B) specifying the classes or categories of commercial entities to which the list may not be disclosed or by which the list may not be used for commercial purposes.
A policy adopted under subdivision (3) must be uniform and may not discriminate among similarly situated commercial entities.
(d) Nothing contained in subsection (b) shall limit or affect the right of a person to inspect and copy a public record required or directed to be made by any statute or by any rule of a public agency.
(e) Notwithstanding any other law, a public record that is classified as confidential, other than a record concerning an adoption, shall be made available for inspection and copying seventy-five (75) years after the creation of that record.
(f) Notwithstanding subsection (e) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the ordinary course of business.