Citations Affected: IC 5-14.
Synopsis: Notice of public meetings. Requires a local government
agency to send an electronic mail copy of the agendas of the meetings
of the agency's governing body to any person or news medium who
makes a an annual request for an electronic mail copy of the agendas
if the governing body uses an agenda and the public agency has the
ability to send electronic mail. Requires a local government 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: (1) reasonably related to reasonable
and just rates and charges; and (2) not more than $2 for providing the
agendas and notices.
Effective: July 1, 2003.
January 9, 2003, read first time and referred to Committee on Governmental Affairs and
Interstate Cooperation.
February 20, 2003, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
SECTION 1. IC 5-14-1.5-4.5 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
local government agency:
(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 agency's
governing body, the agency shall send an electronic mail copy of
the meeting agenda to each person and news medium that has
delivered by not later than December 31 an annual written request
for the meeting agendas for the next succeeding calendar year to
the governing body of the agency. If a governing body comes into
existence after December 31, the governing body shall comply with
this section upon receipt of a written request for the agendas.
(c) An agency may charge a person who requests agendas under
this section a fee that is:
(1) reasonably related to reasonable and just rates and
charges for the service as provided in IC 36-1-3-8(6); and
(2) not more than two dollars ($2).
(d) A person or news medium may request to receive copies of
the meeting agendas of the governing body of an agency by:
(1) sending a written request to the agency by United States
mail;
(2) delivering a written request to the agency; or
(3) sending an electronic mail request to the agency at the
agency's electronic mail address.
(e) When an agency receives a request for agendas under this
section from a for profit or nonprofit corporation, organization, or
association, the agency shall deliver the notice to the registered
agent of the corporation, organization, or association.
(f) Notwithstanding subsection (b), an agency is not required to
send a copy of the agendas of the meetings of the governing body
of the agency to a person or news medium who requests to be
removed from the agency's electronic mail agenda list.
(g) The failure of an agency to send the agenda of a meeting of
the 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. and
(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.
In addition,
(3) This subdivision applies only to a local government
agency. 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 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. When an agency receives a request for
agendas under this subdivision from a for profit or nonprofit
corporation, organization, or association, the agency shall
deliver the notice to the registered agent of the corporation,
organization, or association. An agency may charge a person
requesting notice under this subdivision a fee that is:
(1) reasonably related to reasonable and just rates and
charges for the service as provided in IC 36-1-3-8(6); and
(2) 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.