Citations Affected: IC 5-14-1.5-5.
Synopsis: Notice of meetings. Requires a public agency to give notice
of the agency's meetings to any person who makes an annual request
for notice. Requires the public agency to charge a $10 fee for providing
notice by mail. Requires notice to be given not less than five business
days before a meeting that does not deal with an emergency.
Effective: July 1, 2007.
January 8, 2007, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
1 any person who delivers an annual written request for such the
notices not later than December 31 for the next succeeding
calendar year to the governing body of the public agency. The
governing body shall give notice by one (1) of the following
methods, which shall be determined by the person requesting
Depositing the notice in the United States mail with
postage prepaid. The governing body of the public agency
shall charge a requestor an annual fee of ten dollars ($10)
for providing by mail the notices of all boards,
commissions, and committees of the public agency.
Transmitting the notice by Electronic mail.
Transmitting the notice by Facsimile (fax).
If a governing body comes into existence after
December 31, it shall comply with this subdivision upon receipt
of a written request for notice.
In addition, 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 office of technology established by IC 4-13.1-2-1.
(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:
news media which persons who have requested notice of
meetings under subsection (b)(2) 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 not apply where notice by publication is required by statute, ordinance, rule, or regulation.
(f) This section shall 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.