Friday, June 10, 2011

Did Evans and Adams violate Open Door Law?

Did Commissioner Evans authorize the suspension of two animal shelter employees in a telephone conversation with Commissioner Adams during a meeting with the two animal shelter employees? If so, a law was broken. The only question left is which law? Either Adams and Evans violated Indiana's Open Door Law or Evans "participated in final action" without statute. The argument that Adams "just checked in with Evans for guidance" is void if Evans voted on a disciplinary action. Does a statute exist that authorized Evans to vote?

The NWI Times posted an article where County Council President, Dan Whitten, "questioned whether Adams violated the state's Open Door Law by allowing a second commissioner - Evans - to take part by telephone in her discussion with the two shelter employees without calling an official meeting."

Indiana Code 5-14-1.5 is quite clear when it states that a meeting "means a gathering of a majority of the governing body of a public agency for the purpose of taking official action upon public business" and that an executive session can be held "with respect to any individual over whom the governing body has jurisdiction to receive information concerning the individuals alleged misconduct" there are requirements to post a notice to an executive session. The requirements read that "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" and Commissioner Evans and Commissioner Adams posted no such notice.

In regards to Evans being present via telephone, the law reads that "A member of the governing body of a public agency who is not physically present at a meeting of the governing body but who communicates with members of the governing body during the meeting by telephone, computer, videoconferencing, or any other electronic means of communication (1) may not participate in final action taken at the meeting unless the member's participation is expressly authorized by statute; and (2) may not be considered to be present at the meeting unless considering the member to be present at the meeting is expressly authorized by statute."

Where is the statute?
 

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