IC 5-14-3-9(a): Denial of disclosure

by Staff on January 13, 2008 · 34 comments

in Local

During the recent campaigns, we were promised an “open government”.

Indiana Code 5-14-3-9, section (a) states:

“A denial of disclosure by a public agency occurs when the person making the request is physically present in the office of the agency, makes the request by telephone, or requests enhanced access to a document and:

  1. the person designated by the public agency as being responsible for public records release decisions refuses to permit inspection and copying of a public record when a request has been made; or
  2. twenty-four (24) hours elapse after any employee of the public agency refuses to permit inspection and copying of a public record when a request has been made;

whichever occurs first.”

Tuesday afternoon, I contacted the office of the Indiana Public Access Counselor with regards to an inquiry I was about to make. The woman I spoke with indicated to me that the information I wanted was, indeed, “public record”.

Shortly before 1pm, I called to request the information from the Mayor, who I was told was “gone to lunch”. I called right back and left him a voice mail telling him what I wanted. An hour later, I called back and left a message (with his “secretary”) for him indicating what I wanted. At 4:30pm, I was in his office and hand delivered a written request for documents considered “public record”. I have, in effect, been denied access to those documents.

I am willing to “sit on” and not disclose the information I want for a reasonable period of time (I understand *why* they don’t want to disclose the information as of yet, but that does not actually allow them to do so), but if I do not receive it by 8am tomorrow morning, my complaint will be filed and I will be asking for an advisory opinion from the PAC. I’ll be unavailable until 7am tomorrow morning, but those of you involved know both what I want and how to get in touch with me (e-mail or text message works for me).

Since I have been denied access to these public records, I “may file an action in the circuit or superior court of the county in which the denial occurred to compel the public agency to permit the person to inspect and copy the public record.”

If I file a formal complaint tomorrow morning, I’ll post a copy here — and provide more details — so that you all know what I’m talking about.

We’ll see if “open government” is a claim the new administration is going to stick to, or if it was just a lie.

34 comments
better mom
better mom

Rick I checked the site out for Bedford and they have something on there that more or less refers you to the workforce job site. I am thinking more on the lines of a site for employers and job seekers. I do not know how much of a benefit it would be for employers but I would think especially if a new employer was coming to town the cost of advertising for positions has to be pretty expensive. This would maybe be an insentive to them. What do you think? I would also be willing to help out anyway I can. I don't know if it would be appropriate to have advertisements on it or not but that could be away to eat up some costs. Just some suggestions. Thanks for listening and maybe we could get something going on this soon.

rick
rick

Well, Jeremy first that email I sent you kin of was answered a few minutes later. Second, I agree with you I'd love to know the name of the company myself and I think we are entitle to know and should immediately and to those of you saying it was supposed to be kept private last time and that is why they left really need to think why would they want to keep it quiet and not let it be known who they are seems kinda suspicious to me but oh well. And finally, yes we do need a better more local economic development site I don't know personally how much it will cost or how much work it will take but I am willing to help out and give the idea a go.

better mom
better mom

Jeremy do you know how hard it would be to add a job posting site and resume link to the Economic Development site? Would it be easier to start a site of my own? I think if Lawrence county could have a site that was for employers and job seekers it would help. Mike Lewis at the times mail referred us to there job posting site. That is a joke. There is hardly anything on there for Lawrence county because employers have to post an add for it to show up. I think something like careerbuilder would be nice but how much expense would it cost to start up a site like that? Just curious as to what you think.

jl
jl

At least he admmitted to it, would Butch have done that??

admin
admin

According to Danny himself, he had very little to do with that. -- Webmaster, Mitchell News

better mom
better mom

We just had an interesting conversation on the TM site. Someone mentioned why we do not have a job posting site for Mitchell. I suggested we take it even further. Why couldn't we post resume's on the Economic Development website? I think if interested employers looking to seek places in Mitchell view this site that maybe it would help if they could also look at what the citizens have to offer as far as skill and education. This could also be a place to post educational opportunities available if we ever get something started on that. What do the rest of you think?

jl
jl

Not sure of that, all I know is it says the transaction was done on Dec.27th. I'm sure Butchy-poo didnt have much to do with it or it would have been done earlier AND BUTCHY-POO would have made damn sure he brought it to everyone's attention about it!! Dontcha think????

better mom
better mom

So Mayor Terrell did not get this one it was Mayor Chastain? Nice of him to take credit for it though huh?

jl
jl

It is the 3rd to the last one posted. This transaction was done on Dec. 27th.

jl
jl

Ok, I FULLY understand the entire thing now!!!! I agree with you, they have used you before to their advantage, now they are all mum. Go get'em Jeremy!!!

jl
jl

3rd page of the Times-Mail under property transfers.

admin
admin

No, you didn't piss me off... these are two separate dealings, though. The old Regal-Beloit building was sold, the old Dana building is being leased. The details of both are public record. -- Webmaster, Mitchell News

better mom
better mom

Sorry but I could not find this info under propery transfers. Does anyone know how they found it?

jl
jl

By the way, this info is in the Times-Mail tonight under Property transfers. Sorry Jeremy, I hope I didnt piss you off in my earlier post I just dont believe you can tell what type of an Admin. we will have over just this. :)

mitcHELL
mitcHELL

Hopefully you hear something soon, I'm anxious to see if they actually do bring any additional officers in (or wait until an excuse to fire people like Phelix). One of my old college friends @ IU used to work for the ISP and I think he is thinking about applying @ Mitchell as well (he lives in Bloomington). Hopefully he does, he only took time off so he could finish his criminal justice degree @ IU and already graduated from Vincennes and the police academy.

Anom
Anom

you're a fuckin idiot. you probably dont the the first thing when it comes to politics. the guy has been in office for two weeks now, and you already know what kind of mayor he is gonna be...you're such a dipshit!

admin
admin

Yeah, maybe I went a bit overboard there. Regardless, the fact remains that the lease agreement is now a public record. According to STATE LAW, we are now entitled to view that public record. It's a very simple matter. I want to know who it is. I have no problem keeping it to myself until they want it to be publicly known, but I want to know. The local media already knows. I kept secrets for other people in the new administration, I can keep one more. -- Webmaster, Mitchell News

jl
jl

Dont know if this is what you were looking for BUT McCullough Fabricating bought the Regal Beloit building for $440,000.

H-J
H-J

As much as hate to admin, I'm going to have to disagree with you. Yes the company did sign a lease making it public record, yes them and Mitchell have engaged in a contract also public record. However, I don't see it as the same ole' shit. Mr. Terrell has been in office about 3 weeks, and we are getting a new company. Yeah, it's not a big company...but hey, everybody has got to start somewhere right? 3 Weeks...new company...8 years....companies leaving. If the company wants to keep it under wraps until they tell their employees thats fine with me. I would just hate to see this company pull out again because we are being "Nosey". I don't need a job, got a good one, some people around here do though...even if it is just 8 to 12 people. Thats 8-12 people that are making a better living for them and their family. Who's to say that this company won't expand in the next couple of years and create more jobs for more people around here that need a good steady job. I say good for the new mayor for complying with the companies wishes....just proves that he's more interested in the people who live here than the last mayor.

Anonymous Hero
Anonymous Hero

Same old shit for sure! Jeremy, this is the first of many disapointments for you if you have put any faith in Terrell's campaign promises at all. Don't buy into the "change" crap. They're all the same. Look at his first meeting- he only allowed certain topics to be discussed. Welcome back to the real world JG.

jl
jl

Because you are not getting what you asked for you are implying that the new Administration is as BAD as the Old?? Hardly!! I think Danny is doing what he was asked to, afterall, if he doesnt the company could and probably would back out again. If you or anyone else doesnt approve, well, too bad for you!! Damn, give the guy a break and let him do his job...Butch got 8 yrs. to f*** UP give Dan AT LEAST 6 months to filter through Butch's mess.

admin
admin

What I'm told is that this particular company almost moved here previously. When certain members of the press caught wind of it and it became "public", the owners backed out. Fast forward to the present. I was told by Mayor Terrell that the owners have not yet informed their employees that the company is moving and they wanted to let the employees know before going public. Here it is a week later and the City of Mitchell is denying me access to public records, in violation of the Indiana Code. Not a very good start, in my opinion. It's too bad. I was looking forward to that "change" we all heard about. I was looking forward to an "open government". Now all we have to look forward to is the same old shit. -- Webmaster, Mitchell News

Anonymously
Anonymously

I don't really understand why this company is being so secretive. However, when they signed a public document, that let the cat out of the bag. Danny owes Jeremy (or any other citizen) the courtesy of a reply, even if it's just to explain why he can't say anything yet.

Bloomington Man
Bloomington Man

Nope, I hope I do soon though. I was going to try for the ISP but I missed the deadline by 3 hours! I was so mad but it was my fault.There are a lot of agencies hiring in indiana, I just happen to know a guy in Mitchell and thats how I found out they were hiring.

TRUTH STILL PREVAILS
TRUTH STILL PREVAILS

Thank you for the info. Have you heard anything back from MPD yet? I just had my Oral Interview with ISP!! I'm curious to see if anyone else in Mitchell had put in an application for Trooper?

Bloomington Man
Bloomington Man

The reserve applications have not always been there. I filled out and sent in my officer application last week, thats the only reason I know. I had been on the MPD website before it "crashed" and copied the officer application.

TRUTH STILL PREVAILS
TRUTH STILL PREVAILS

Of course everyone has noticed by now that the web site is up and running again, I noticed something though and was wondering if it was that way on the previous site. There's applications for both Officers and Reserve Officers on there, have those always been available on there? How many Officers are they needing to hire, if any?

admin
admin

What part of the following did you guys miss? "I am willing to 'sit on' and not disclose the information I want for a reasonable period of time (I understand *why* they don't want to disclose the information as of yet, but that does not actually allow them to do so)..." I don't have any intentions of posting the information until "they're ready". -- Webmaster, Mitchell News

H-J
H-J

I'm going to have to go with "Voice of Reason" on this one. I hope it's nothing to do with the new company that is allegedly coming in. It doesn't sound like they are bring very many jobs, but that may be at first. I think it would be a shame for all the good this site has done in the past, to do something foolhearty that could muck up 8 to 12 people having jobs.

Back atcha
Back atcha

I agree with Voice of Reason as I know that this particular company was coming to Mitchell two years ago until it came out that they were moving operations before they broke the news to their employees. They broke off the deal immediately ... and it wasn't even public knowledge. The mayor's secretary told a friend who told a friend who works for this company. (I was one of those friends.) That ended the deal pronto. The city has been working to get this company back to Mitchell for the past two years. Who cares who it is? They are coming. They signed the lease, and they're going to be in the building by April 1 ... providing new jobs. Isn't that enough for now without ruining the deal? It's not about open government as much as it's about securing the deal to make sure this company locates in Mitchell. Keep it a damn secret just as long as it happens!!

I told you so!!
I told you so!!

Has anyone heard if Blair is going to at least question her on this matter that has been brought to our attention?

Voice of Reason
Voice of Reason

I sure hope this will not cause a problem to the company that is wanting to come to Mitchell if it is posted before they are ready. I would hate to loose this opportunity for Mitchell.

mitcHELL
mitcHELL

Nice one on putting them to the test! I have a feeling, though, that you will get what you want tomorrow morning as a result of the attention this post will receive. :)

Anonymous Hero
Anonymous Hero

Jeremy, did you and the Mayor have a lovers quarrel? Trouble in paradise so soon?

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