By State Sen. Mark Messmer (R-Jasper)
When legal opinions are written and decisions are made in Indiana, the basis of those decisions should be how the law is written, while using valid court opinions to fill in any gaps.
Recently there have been cases brought before the Indiana Public Access Counselor that resulted in questionable opinions not based on our state's written laws. The Public Access Counselor is an individual, appointed by the governor, with a responsibility to weigh in on open-door law complaints after considering the facts of the dispute.
This year I supported House Enrolled Act 1338, which requires the Public Access Counselor to only consider public access laws and court opinions as written when issuing opinions from the Public Access Counselor's office.
The law also makes the position to serve at the pleasure of the governor. This means this unelected position is more accountable to the governor and the people of Indiana. Previously, the Public Access Counselor served for fixed four-year terms, which is contrary to how most other governor-appointed positions function.
House Enrolled Act 1338 also specifies that committees of governing bodies created to receive information, deliberate or make recommendations are not subject to Indiana's Open Door Law if they have no more than one member of the "parent" governing body as a committee member.
This creates clear standards for local governments across Indiana and largely mirrors what these committees have already been doing for years.
The law also allows local governments to adopt reasonable rules and policies to govern the conduct of meetings throughout Indiana.
House Enrolled Act 1338 went into effect on July 1.
As always, constituents can reach out to me with any questions or concerns they may have by filling out a "Contact Me" form on the IndianaSenateRepublicans.com/Messmer website or by phone at 800-382-9467.
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State Sen. Mark Messmer (R-Jasper) represents Senate District 48, which
includes Crawford, Dubois, Gibson, Perry, Pike and Spencer counties.
Click here to download a high-resolution photo.
