Citations Affected: IC 5-14-1.5.
Synopsis: Notice of public meetings. Requires a public agency to send
an electronic mail copy of the agendas of the meetings of the public
agency's governing body to any person or news medium that requests
an electronic mail copy of the agenda if the governing body uses an
agenda and the public agency has the ability to send electronic mail.
Requires a public agency to give notice of the meetings of the public
agency's governing body to any person who makes an annual request
for notices. Provides that the governing body may charge a fee of not
more than $2 for providing the notices.
Effective: July 1, 2003.
January 9, 2003, read first time and referred to Committee on Governmental Affairs and
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4.5. (a) This section applies to a
(1) whose governing body uses an agenda for its meetings; and
(2) that has the capacity to send electronic mail.
(b) Not later than forty-eight (48) hours before a meeting, rescheduled meeting, or reconvened meeting of the public agency's governing body, the public agency shall send an electronic mail copy of the meeting agenda to each person and news medium that has requested to receive copies of the governing body's meeting agendas.
(c) A person or news medium may request to receive copies of the meeting agendas of the governing body of a public agency by:
(1) sending a written request to the public agency by United States mail;
(2) delivering a written request to the public agency; or
(3) sending an electronic mail request to the public agency at the public agency's electronic mail address.
(d) Notwithstanding subsection (b), a public agency is not required to send a copy of the agendas of the meetings of the governing body of the public agency to a person or news medium who requests to be removed from the public agency's electronic mail agenda list.
(e) The failure of a public agency to send the agenda of a meeting of the public agency's governing body to any person or news medium does not invalidate any action the governing body takes at the meeting.
SECTION 2. IC 5-14-1.5-5 , AS AMENDED BY P.L.90-2002, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) Public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting, shall be given at least forty-eight (48) hours (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not apply to reconvened meetings (not including executive sessions) where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the memoranda and minutes thereof, and there is no change in the agenda.
(b) Public notice shall be given by the governing body of a public agency by doing the following:
(1) Posting a copy of the notice at the principal office of the public agency holding the meeting or, if no such office exists, at the building where the meeting is to be held.
(2) Depositing in the United States mail with postage prepaid or by delivering notice to all news media which deliver by January 1 an annual written request for such notices for the next succeeding calendar year to the governing body of the public agency. If a governing body comes into existence after January 1, it shall comply with this subdivision upon receipt of a written request for notice.
(3) Depositing in the United States mail with postage prepaid to all persons that deliver by December 31 an annual written request for such notices for the next succeeding calendar year to the governing body of the public agency. If a governing body comes into existence after December 31, it shall comply with this subdivision upon receipt of a written request for notice. A public agency may charge a person requesting notice
under this subdivision a fee of not more than two dollars ($2).
(4) A state agency (as defined in IC 4-13-1-1 ) shall provide electronic access to the notice through the computer gateway administered by the intelenet commission under IC 5-21-2.
(c) Notice of regular meetings need be given only once each year, except that an additional notice shall be given where the date, time, or place of a regular meeting or meetings is changed. This subsection does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual or threatened injury to person or property, or actual or threatened disruption of the governmental activity under the jurisdiction of the public agency by any event, then the time requirements of notice under this section shall not apply, but:
(1) news media which have requested notice of meetings must be given the same notice as is given to the members of the governing body; and
(2) the public must be notified by posting a copy of the notice according to this section.
(e) This section
shall does not apply where if notice by publication
is required by statute, ordinance, rule, or regulation.
(f) This section
shall does not apply to:
(1) the department of local government finance, the Indiana board of tax review, or any other governing body which meets in continuous session, except that this section applies to meetings of these governing bodies which are required by or held pursuant to statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town if the meetings are held solely to receive information or recommendations in order to carry out administrative functions, to carry out administrative functions, or confer with staff members on matters relating to the internal management of the unit. "Administrative functions" do not include the awarding of contracts, the entering into contracts, or any other action creating an obligation or otherwise binding a county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a governing body of a public agency convenes a meeting at a time so unreasonably departing from the time stated in its public notice that the public is misled or substantially deprived of the opportunity to attend, observe, and record the meeting.