>>SOUTHERN INDIANA —
Public access is a right protected by state law.
In Indiana, state code IC 5-14-3 ensures that the public will be able to access governmental records and IC 5-141.5 is an open door-protection allowing the public to attend governmental meetings.
A public record is defined as, “any writing, paper, report, study map, photograph, book, card, tape recording or other material that is ... filed with a public agency and which is generated on paper ... electronically stored data or any other material, regardless of form or characteristics.”
The definition of a public record was put together in a way in which it would be read as intentionally broad, said Steve Key, general counsel for the Hoosier State Press Association.
In addition to making the definition broad so the public would have access to a vast array of information, the individual making the request does not have to reveal the reason for doing so.
“No request may be denied because the person making the request refuses to state the purpose of the request, unless such a condition is required by other applicable statute,” Indiana code says.
Another layer of protection to keeping records open to the public is that the burden to say why an individual cannot have a specific record or attend a certain meeting is on the governmental agency.
“The court shall determine the matter ... with the burden of proof on the public agency to sustain its denial,” Indiana code says.
When denying a public records request, the agency disallowing access must also state why they will not turn over the documents by citing a statutory exemption.
“A public agency may deny the request if the denial is in writing of by facsimile; and a statement of the specific exemption or exemptions authorizing the withholding of all or part of the public record,” Indiana code says.
But, of course, not everything is considered open to the public. There are exceptions to what information the public can obtain.
Confidential records — deemed as such through federal or state law — records containing trade secrets, personnel files, research documents, grade transcripts and medical records, among several other exceptions, are the types of records that are not considered public record.
Clark County
What are the rights to public access in Indiana?
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Jeffersonville officials say skating rink was a hit
Jeffersonville Main Street Inc. and downtown business owners were thrilled, saying it helped bring them business and customers.
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Jeffersonville’s emergency coordinator departs city
She applied for the job in December, a few weeks after Mayor Mike Moore was elected. She decided to do so after initially hearing that Moore would be eliminating her position. He ended up keeping Christian, but Louisville came calling anyway.
Continued ... - News and Tribune briefs for Feb. 13, 2012
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CAPITOL CROSSROADS: Candidates struggle with Indiana ballot hurdles
Gov. Kathy Davis had her signature invalidated because she listed her address at “9th” street but Marion County’s rolls had her at “09th” street.
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Underwood man found dead in woods
The search resumed later in the day Friday and his body was discovered about 6 p.m. in a wooded area less than half a mile from his family’s 70-acre farm, said Maj. Chuck Adams of the Clark County Sheriff’s Office.
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Military vehicles leave Clarksville police station
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Jeffersonville law department still being negotiated
The combined salaries of the two attorneys and a paralegal add up to $221,900, which Harmon called a savings compared to the $239,373 the city has paid in legal bills on average during the last two years.
Continued ... - Feb 11, 2012
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Most area graduation rates above state average
According to a release from IDOE, Indiana’s state graduation rate came in at 85.7 percent. About 45 percent of high schools met or exceeded the 90 percent mark and 83 percent graduated 80 percent of their seniors or more.
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YOU GOTTA MOVE: Parkwood participates in Greater Clark health push
- Feb 10, 2012
- NEWS AND TRIBUNE BRIEFS — Feb. 11-12
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