State Sen. Beverly Gard, R-Greenfield, will introduce a bill this legislative session aimed at strengthening enforcement of the Open Door Law and Access to Public Records Act.
Gard has filed her legislation, which would allow a judge to levy a civil penalty against elected and state agency officials who violate Indiana transparency laws, resulting in fines of up to $100 and $500. Gard said most public officers do comply with these statutes, but she still hopes to protect Hoosiers from the few who don’t.
“While state boards, commissions, departments, school corporations and other agencies are currently required to share public information with those who ask for it, there’s no appropriate consequence for officials who refuse these lawful requests,” Gard said. “My bill would not only set fines for public agency officers or managers who deny access to public records, but also require them to allow inspection or copying of the public records within a reasonable amount of time after the request is received.”
Under Gard’s bill, public agency officers and managers could also be fined for failing to give proper public notice of a meeting, taking final action outside of a regular public meeting and participating in a secret ballot during a meeting.
Gard’s legislation would additionally allow Indiana residents to email requests for public meeting notices and permit government agencies to post these notices on their websites.
“In order to maintain an open, fair government, public records and meetings need to be readily accessible to all Hoosiers,” Gard said. “Email communications are just another form of getting the needed information out there.”
Indiana Attorney General Greg Zoeller said he supports Gard’s efforts, agreeing the Indiana General Assembly should pass the bill to boost government transparency. A recent series of training sessions Zoeller organized on existing public access laws was well-attended.
Indiana’s current Open Door Law was first passed by the Indiana General Assembly in 1977 and amended in 2008, to ensure all Hoosiers may access meetings held by state agencies. Gard said the intention was to help give residents the opportunities needed to see government in action and participate.
Gard added that the Access to Public Records Act – first passed in 1983 and also amended in 2008 – had the same impetus and permits broad and easy access to Indiana public records, such as any written record, study, map, photo, recording or other material filed by or with a public agency.
Currently, the only recourse for someone who has been denied access to a government meeting or public documents is a civil lawsuit, and paying court fees often times deters individuals from doing so.
“Overall, this bill is aimed at protecting people’s right to know,” Gard said.
