HOUSE BILL No. 1083
DIGEST OF INTRODUCED BILL
Synopsis: Confidentiality of public employee bargaining. 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.)
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Education.
First Regular Session 112th General Assembly (2001)
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between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1083
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-14-1.5-2; (01)IN1083.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. For the purposes of
(a) "Public agency" means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion of
the executive, administrative, or legislative power of the state.
(2) Any county, township, school corporation, city, town, political
subdivision, or other entity, by whatever name designated,
exercising in a limited geographical area the executive,
administrative, or legislative power of the state or a delegated
local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the state board of tax
commissioners or the governing body of a county, city, town,
township, or school corporation; or
(B) audit by the state board of accounts.
(4) Any building corporation of a political subdivision of the state
of Indiana that issues bonds for the purpose of constructing public
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) The Indiana gaming commission established by IC 4-33,
including any department, division, or office of the commission.
(7) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(b) "Governing body" means two (2) or more individuals who are:
(1) a public agency that:
(A) is a board, a commission, an authority, a council, a
committee, a body, or other entity; and
(B) takes official action on public business;
(2) the board, commission, council, or other body of a public
agency which takes official action upon public business; or
(3) any committee appointed directly by the governing body or its
presiding officer to which authority to take official action upon
public business has been delegated. An agent or agents appointed
a school corporation the governing body
to conduct collective
bargaining on behalf of
that school corporation the governing
does not constitute a governing body for purposes of this
(c) "Meeting" means a gathering of a majority of the governing body
of a public agency for the purpose of taking official action upon public
business. It does not include:
(1) any social or chance gathering not intended to avoid this
(2) any on-site inspection of any project or program;
(3) traveling to and attending meetings of organizations devoted
to betterment of government; or
(4) a caucus.
(d) "Official action" means to:
(1) receive information;
(3) make recommendations;
(4) establish policy;
(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the public
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
(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
, all news services (as defined in
), and all licensed commercial or public radio or television
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
SOURCE: IC 5-14-1.5-6.1; (01)IN1083.1.2. -->
, AS AMENDED BY P.L.37-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6.1. (a) As used in this section, "public official"
means a person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending or
has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing
body up to the time a contract or option to purchase or lease is
executed by the parties.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons.
and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation
of school safety and security measures, plans, and systems.
(4) Interviews with industrial or commercial prospects or agents
of industrial or commercial prospects by the department of
commerce, the Indiana development finance authority, the film
commission, the Indiana business modernization and technology
corporation, or economic development commissions.
(5) To receive information about and interview prospective
(6) With respect to any individual over whom the governing body
(A) to receive information concerning the individual's alleged
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is a physician.
(7) For discussion of records classified as confidential by state or
(8) To discuss before a placement decision an individual student's
abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of the
salary, compensation, or benefits of employees during a budget
(10) When considering the appointment of a public official, to do
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
(b)(12), a governing body may
release and shall make available for inspection and copying in
identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees from
further consideration may not reduce the number of prospective
appointees to fewer than three (3) unless there are fewer than
three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under
or IC 25.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter
by specific reference to the enumerated instance or instances for which
executive sessions may be held under subsection (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.