Citations Affected:
IC 5-14-3-4.
Synopsis: Public employees' personnel records. Allows the public to
have access to information in the personnel file of a public employee
concerning findings of fact and decisions in which final action has been
taken and that resulted in the employee being suspended without pay
or discharged.
Effective: July 1, 2002.
January 8, 2002, read first time and referred to Committee on Public Policy, Ethics and
Veterans Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
film commission, the Indiana business modernization and
technology corporation, or economic development
commissions with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the department of
commerce, the Indiana development finance authority, the film
commission, the Indiana business modernization and
technology corporation, or economic development
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
have terminated.
(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 findings of
fact and decisions in which final action has been taken and
that resulted in the employee being disciplined suspended
without pay 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
subdivision (8).
(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) The identity of a donor of a gift made to a public agency if:
(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) 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) 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) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(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.