THE OPEN DOOR LAW
The Open Door Law of Indiana states that "... the general assembly finds and declares that this state and it's political subdivisions exist only to aid in the conduct of the business of the people of this state. It is the intent of this chapter that the official action of public agencies be conducted and taken openly, unless otherwise expressly provided by statute, in order that the people may be fully informed."
Indiana Code 5-14-1.5-1
What is "Official Action?"
"Official action" means to recieve information, deliberate, make recommendations, establish policy, make decisions, or take final action.
What is significant about Executive session?
Executive sessions are significant because the Open Door Law permits governing bodies to meet privately under certain circumstances. "Executive session" means a meeting from which the public is excluded, except that the governing body may admit those persons necessary to carry out it's purpose. Indiana Code 5-14-1.5-6.1 (b) sets out the specific matters about which a public agency can hold an executive session.
Exceptions, In order to have an executive session, the meeting must fall into one of the recognized exceptions- these are the exceptions to the general rule of openess:
These include situations such as government strategy discussions with respect to collective bargaining and litigation, interviews of prospective employees, job performance evaluation, the implementation of security systems, for discussion of the assessment, design, individual's alleged misconduct, for discussion of records classified as confidential by state or federal statue, and the purchase or lease of property by the public agency.
Example: A local public works board decides to meet in executive session to open bids for a sewer project. Unless authorized by federal or state statute, or the bids are classified as confidential by statute, the executive session would violate the Open Door Law.
In conclusion when an executive session is held, any vote on a motion, proposal, resolution or ordinance must be taken at a meeting open to the public. No secret ballots are ever permitted.
Freedom Of Speech would like to thank the staff of the Attorney General's Office for the above information.
