Bill Text: IN HB1102 | 2013 | Regular Session | Introduced
Bill Title: Open meetings.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 103 [HB1102 Detail]
Download: Indiana-2013-HB1102-Introduced.html
Citations Affected: IC 5-14-1.5-6.1; IC 8-5-15-3; IC 33-27-3-2.
Synopsis: Executive sessions of public boards. Allows a governing
body of a public agency to conduct an executive session to discuss
strategy with respect to the initiation of litigation, including any
judicial action, administrative proceeding, or other legal proceeding
under federal or state law that is pending or has been threatened
specifically in writing. Allows a governing body to conduct an
executive session to discuss with legal counsel the legal ramifications
of and legal options for rectifying actions or conditions under the
control of the governing body that expose the public agency to potential
legal liability through litigation, including any judicial action,
administrative proceeding, or other legal proceeding under federal or
state law. Provides that a passenger member or employee member of
the board of trustees of a commuter transportation district may not
participate in an executive session of the board to discuss matters of
potential legal liability with the board's legal counsel.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Government and Regulatory
Reform.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending or has been threatened specifically in writing. As used in this clause, "litigation" includes any judicial action, administrative proceeding, or other legal proceeding under federal or state law.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing body up to the time a contract or option to purchase or lease is executed by the parties.
(E) School consolidation.
However, all such strategy discussions must be necessary for competitive or bargaining reasons and may not include competitive or bargaining adversaries.
(3) For discussion with legal counsel regarding the:
(A) legal ramifications of; and
(B) legal options for;
rectifying actions or conditions under the control of the governing body that expose the public agency to potential legal liability through litigation, including any judicial action, administrative proceeding, or other legal proceeding under federal or state law.
(A) to receive information concerning the individual's alleged misconduct; and
(B) to discuss, before a determination, the individual's status as an employee, a student, or an independent contractor who is:
(i) a physician; or
(ii) a school bus driver.
employees. This subdivision does not apply to a discussion of the
salary, compensation, or benefits of employees during a budget
process.
(10) (11) When considering the appointment of a public official,
to do the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees from
further consideration may not reduce the number of prospective
appointees to fewer than three (3) unless there are fewer than
three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the
public.
(11) (12) To train school board members with an outside
consultant about the performance of the role of the members as
public officials.
(12) (13) To prepare or score examinations used in issuing
licenses, certificates, permits, or registrations under IC 25.
(13) (14) To discuss information and intelligence intended to
prevent, mitigate, or respond to the threat of terrorism.
(14) (15) To train members of a board of aviation commissioners
appointed under IC 8-22-2 or members of an airport authority
board appointed under IC 8-22-3 with an outside consultant about
the performance of the role of the members as public officials. A
board may hold not more than one (1) executive session per
calendar year under this subdivision.
(c) A final action must be taken at a meeting open to the public.
(d) 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 (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.
(1) Four (4) members, one (1) from each county that is a member of the district, appointed by that county's board of county commissioners. In the case of a member appointed or reappointed under this subdivision after December 31, 2009, the member must be a member of the board of county commissioners of the county that the member represents.
(2) Four (4) members, one (1) from each county that is a member of the district, each of whom is the president of that county's county council or another council member designated by the president as a board member.
(3) After June 30, 2010, one (1) member representing the rest of the state, appointed by the governor.
(4) After June 30, 2010, one (1) passenger member appointed by the governor. The member appointed under this subdivision must be selected from passengers who have submitted a letter of interest to the governor. To be considered for this position, a passenger must submit a letter of interest to the governor during a two (2) week period that begins, in 2010, on May 2, 2010, and, in any year after 2010 in which the term of a member appointed under this subsection expires, sixty (60) days before the expiration of the term of the member appointed under this subdivision. A member of the board serving under this subdivision is not required to submit a letter of interest to be eligible for appointment to a successive term.
(5) After June 30, 2010, one (1) member who is an employee of the district, appointed by the governor from a list of names submitted by the labor unions representing the employees of the district. Each labor union representing employees of the district may submit one (1) name to be included on the list of names under this subdivision.
(b) A member shall serve for a term of two (2) years from the beginning of the term for which the member was appointed and until
a successor has qualified for the office. Each member shall serve at the
pleasure of the appointing authority but is eligible for reappointment
for successive terms.
(c) The members of the board shall elect for a one (1) year term:
(1) one (1) member as chairman;
(2) one (1) member to serve as vice chairman;
(3) one (1) member to serve as secretary; and
(4) one (1) member to serve as treasurer.
(d) Not later than:
(1) April 1, 2010; and
(2) in any year after 2010 in which the term of a member
appointed under subsection (a)(4) expires, ninety (90) days before
the expiration of the term of the board member appointed under
subsection (a)(4);
the district shall post in each commuter station in the district a notice
of the opening on the board of trustees. The notice must announce the
opening for a passenger member on the board of trustees and provide
information on submitting a letter of interest. The notice must state the
period in which the passenger must submit a letter of interest. The
notice must remain posted until, in 2010, May 15, 2010, and, in any
subsequent year in which the term of a member appointed under
subsection (a)(4) expires, the expiration of the two (2) week period
described in subsection (a)(4).
(e) A member appointed under subsection (a)(4) or (a)(5) may not:
(1) vote on issues involving perceived or actual financial conflicts
of interest, including personnel issues, collective bargaining, and
assessment or levy of taxes; or
(2) participate in an executive session of the board under
IC 5-14-1.5-6.1, on issues regarding:
(A) the discussion of strategy for:
(i) collective bargaining; or
(ii) the initiation of litigation or litigation that is either
pending or has been threatened specifically in writing;
as described in IC 5-14-1.5-6.1(b)(2); or
(B) the discussion with legal counsel of:
(i) the legal ramifications of; and
(ii) legal options for;
rectifying actions or conditions under the control of the
board that expose the district to potential legal liability
through litigation, including any judicial action,
administrative proceeding, or other legal proceeding under
federal or state law as described in IC 5-14-1.5-6.1(b)(3);
or
(B) (C) the discussion of job performance evaluation of
individual employees, except for a discussion of the salary,
compensation, or benefits of employees during a budget
process, as described in IC 5-14-1.5-6.1(b)(9).
IC 5-14-1.5-6.1(b)(10).
(f) The members appointed under subsection (a)(4) and (a)(5) must
reside in different counties.
(1) Legal education, including law schools attended and education after law school, and any academic honors and awards achieved.
(2) Legal writings, including legislative draftings, legal briefs, and contributions to legal journals and publications.
(3) Reputation in the practice of law, as evaluated by attorneys and judges with whom the candidate has had professional contact, and the type of legal practice, including experience and reputation as a trial lawyer or trial judge.
(4) Physical condition, including general health, stamina, vigor, and age.
(5) Financial interests, including any interest that might conflict with the performance of judicial responsibilities.
(6) Activities in public service, including writings and speeches concerning public affairs and contemporary problems, and efforts and achievements in improving the administration of justice.
(7) Any other pertinent information that the commission feels is important in selecting the most highly qualified individuals for judicial office.
(b) The commission may not make an investigation to determine these considerations until the individual states in writing that the individual desires to hold a judicial office that has been or will be created by a vacancy and that the individual consents to the public disclosure of information under subsections (d) and (g).
(c) The commission shall inquire into the personal and legal backgrounds of each candidate by investigations made independent from the statements on an application of the candidate or in an interview with the candidate. In completing these investigations, the
commission may use information or assistance provided by:
(1) a law enforcement agency;
(2) any organization of lawyers, judges, or individual
practitioners; or
(3) any other person or association.
(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b) but
before the commission has begun to evaluate any of the candidates. If
the commission's screening of the candidates for judicial appointment
occurs in an executive session conducted under IC 5-14-1.5-6.1(b)(10),
IC 5-14-1.5-6.1(b)(11), the screening may not reduce the number of
candidates for further consideration to fewer than ten (10) individuals
unless there are fewer than ten (10) individuals from which to choose
before the screening. When the commission's screening has reduced the
number of candidates for further consideration to not less than ten (10)
or it has less than ten (10) eligible candidates otherwise from which to
choose, the commission shall:
(1) publicly disclose the names of the individuals and their
applications before taking any further action; and
(2) give notice of any further action in the same manner that
notice is given under IC 5-14-1.5.
(e) Information described in subsection (d)(1) is identifying
information for the purposes of IC 5-14-1.5-6.1(b)(10).
IC 5-14-1.5-6.1(b)(11).
(f) The commission shall submit with the list of three (3) nominees
to the governor its written evaluation of each nominee, based on the
considerations set forth in subsection (a). The list of names submitted
to the governor and the written evaluation of each nominee shall be
publicly disclosed by the commission.
(g) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the judicial nominating commission are subject to
IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12).
However, the following records are excepted from public inspection
and copying at the discretion of the judicial nominating commission:
(1) Personnel files of commission employees and files of
applicants for employment with the commission to the extent
permitted under IC 5-14-3-4(b)(8).
(2) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1,
unless the records are prepared for use in the consideration of a
candidate for judicial appointment.
(3) Investigatory records prepared for the commission under subsection (c) until:
(A) the records are filed or introduced into evidence in connection with the consideration of a candidate;
(B) the records are publicly discussed by the commission in connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the commission; or
(D) the commission elects to release the records that the commission considers appropriate in response to publicly disseminated statements relating to the activities or actions of the commission;
whichever occurs first.
(4) Applications of candidates for judicial appointment who are not among the applicants eligible for further consideration following the commission's screening under subsection (d).
(5) The work product of an attorney (as defined in IC 5-14-3-2) representing the commission.
(h) When an event described by subsection (g)(3) occurs, the investigatory record becomes available for public inspection and copying under IC 5-14-3-3.
(i) As used in this subsection, "attributable communication" refers to a communication containing the sender's name, address, and telephone number. The commission shall provide a copy of all attributable communications concerning a candidate for judicial appointment to each member of the commission. An attributable communication becomes available for public inspection and copying under IC 5-14-3-3 after a copy is provided to each member of the commission. The commission may not consider a communication other than an attributable communication in evaluating a candidate for judicial appointment.
(j) The commission shall release the investigatory records prepared for the commission under subsection (c) to the candidate for judicial appointment described by the records.
