A bill that would allow fines of up to $500 against government officials found to have blatantly violated the state's
open meetings or open record laws has been endorsed by an Indiana House committee.
The House government reform committee voted 11-0 Tuesday to send the proposal to the full House for consideration.
That bill and a similar Senate proposal would allow a judge to impose civil fines up to $100 for a first offense and up to
$500 for additional violations.
Bill sponsor Rep. Kevin Mahan of Hartford City said he expects such fines would be rare and they could only be imposed after
disputes first go through the state's public access counselor office for review.
The proposal would impose personal penalties for such actions for the first time since the laws were adopted 35 years ago.
Supporters say the fines would give more teeth to the state's open records and open meetings laws.
"The people we're truly getting at here are just the bad apples," Mahan said earlier this week. "The people
where the public access counselor has said this should be released, this is public information and should be released, and
then they basically cross their arms and say 'I don't care, I'm not giving it to them.'"
Currently, a person seeking records can take a public agency to court to try and get withheld records released. But a judge
can only award legal costs to a resident who wins a court case over a public access dispute.
Andrew Berger, a lobbyist for the Association of Indiana Counties, said it is important for any fining provision to have
protections for government officials who have an honest disagreement over whether a document meets the law's requirements
for being kept from public release.
"The public access law is not black and white, and you have differences of opinion," Berger said. "You have
a little bit of a fear of somebody filing a frivolous lawsuit ... The standard should be there to protect someone who is acting
in good faith."
The Hoosier State Press Association said more than 30 states have laws that allow civil fines, criminal charges or removal
from office for violators of public access laws.
The Indiana House and Senate have both approved — on unanimous votes — proposals in the past three years that
included fines for public access violations, but both times the bills failed to advance in the other chamber for reasons unrelated
to the bills' content, said Steve Key, HSPA's executive director.
He said he was hopeful that the Legislature will send a signal about the importantance of the public access law by approving
the fining provisions this year.
"If someone jaywalks, or we don't cut our grass or go speeding down the highway, we are all personally liable and
can expect to be fined for not complying with those laws or ordinances," Key said. "But when a public official deliberately
ignores the public's right to know, there is no such consequence."
Even with the addition of possible fines, the "good faith" defense might not make the law much tougher, said Kurt
Webber, a Carmel attorney who handles court cases on access issues. He said he expected few judges would impose fines on city
or county officials whom the judges probably know personally.
"There's a mentality out there that open government's a great thing until you want to look in my records,"
Webber said.

















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