STAFF REPORTS
INDIANAPOLIS — Government workers in Indiana who knowingly and intentionally violate the state’s public access laws could be fined under legislation being considered by the Indiana Senate.
House Bill 1075 was passed by the House of Representatives earlier this month.
Supporters said the bill will strengthen the state’s open records and open meetings laws. Opponents said fines are unnecessary and could end up punishing government workers who believe they are following the law. The proposal would allow judges to impose fines of $100 for the first violation and up to $500 for additional violations.
“Really, I would have like to have seen the ability to strengthen it more” in terms of fines, said Steve Stemler, D-Jeffersonville, one of the bill’s co-sponsors. “I just support the public’s right to have access to information.”
He argues that more transparency in government makes for a better-informed public.
People alleging open meeting or public records violations are now encouraged to seek a nonbinding opinion from the state’s public access counselor first. Regardless of such opinions, they can file lawsuits over their complaints, and judges can order that records be made public or that open meeting violations be stopped.
Judges can order the public official or agency that violated the law to pay the plaintiff’s legal fees, but they can’t impose civil penalties such as the proposed fines.
But proponents say that is not enough incentive to make government workers follow the laws.
“When you get right down to it, a fine of up to $100 for a first time offense amounts to a bit more than a slap on the wrist,” said Keith Robinson, president of the Indiana Coalition for Open Government. “But it’s more than we have now, and perhaps that would be enough to motivate first time offenders — intentional offenders — to follow the law so they don’t have $500 the second time around.”
Steve Key, a lobbyist for the Hoosier State Press Association, said 31 states have either civil or criminal penalties — or provisions to have someone removed from office — for knowing violations of open records laws. Thirty-eight states have similar penalties for intentional violations of open door laws, he said.
“It puts local officials on notice that you can’t ignore the statutes,” Key said.
Clark County Court Clerk Barbara Bratcher-Haas maintains likely the largest public records cache in Clark County. Her office routinely gets requests for court documents and legal records, such as marriage documents. She was unaware that the new law was being considered, but said she did not have a problem with it.
“I’m a public servant for the people and if they want something we’ll get it,” she said, “as long as they give us time.”
In 2009, the Indiana Public Access Counselor’s office issued at least seven advisory opinions on complaints against government agencies in Clark County.
Results were mixed.
The office decided in one case that the city of Jeffersonville took too long to respond to a request for public records. In another instance, the city was found to have provided inadequate notice of a close-door executive meeting and did not make meeting minutes available.
Complaints also were made against the city of Charlestown, Greater Clark County Schools, the Clark County Assessor’s Office and the Sellersburg Police Department.
However, the counselor said in those cases that the government agencies violated no access laws.
Some government officials and groups oppose the bill.
Doug Haney, city attorney of Carmel, said if someone wrongfully denied requests for hundreds of records, they could be liable for hundreds of thousands of dollars, even though they thought they had acted legally.
“It will chill the retention of documents that should not be released,” said Haney, who also was representing the Indiana Association of Cities and Towns.
Laurie Hardwell, city attorney for Greencastle, said there already are incentives for following the laws.
“Nobody wants to be accused of hiding documents,” she said, adding that some people seeking records are on a “fishing expedition.”
The Senate unanimously passed a similar bill last year, but it died in the House.
— Staff Writer David A. Mann and Associated Press Reporter Mike Smith contributed to this report.
