Wednesday, July 25, 2007

Did the City Council Violate State Law?

The city council possibly violated state law when they locked out the citizens that wished to take part in tonight's meeting (see here and here for more info). Specifically the Indiana Open Door Law says (IC 5-14-1.5-3):
Sec. 3. (a) Except as provided in section 6.1 of this chapter, all meetings of the governing bodies of public agencies must be open at all times for the purpose of permitting members of the public to observe and record them.

In my opinion it is not enough to tell citizens that show up they must go home to watch it on television. However, I will be seeking the guidance of the Indiana Public Access Counselor on the issue. Note that if the PAC rules in my favor the Indiana Code also addresses what happens in the case of a violation (IC 5-14-1.5-7):
Sec. 7. (a) An action may be filed by any person in any court of competent jurisdiction to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of this chapter; or
(3) declare void any policy, decision, or final action

Now I want to make it perfectly clear that this is not my intent but item 3 would void any bond financing vote that took place on Harrison Square. The council and this administration must know that this violation of democracy will not be tolerated...

1 comment:

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