January 15, 2004, read first time and referred to Committee on Appointments and Claims.
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1248
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 5-14-1.5-6.1; (04)IN1248.1.1. -->
SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2003,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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
(i) a physician; or
(ii) a school bus driver.
(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.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 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 IC 15-5-1.1 or IC 25.
(c) A final action must be taken at a meeting open to the public. In
addition, actions taken by a governing body in an executive session
are limited to those permitted by the enumerated instances for
which executive sessions may be held under subsection (b).
(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.