Office finds public often improperly denied access to records, meetings

INDIANAPOLIS -- The state's public access counselor found over the past year that government agencies are often improperly denying citizens access to public records or meetings.\nAccess was wrongly withheld in more than half the cases the counselor's office investigated, and the number of complaints was also up as citizens' awareness of the law apparently increased, officials said.\nDuring the fiscal year that ended June 30, the office issued 219 opinions, an increase of nearly 16 percent from 2004 and more than double the number issued in 2003.\n"I think we get more complaints because people know we're here," said Karen Davis, the state public access counselor, told The Indianapolis Star for a story Tuesday. "Now they have a place to go to advocate for them."\nBut there are limits to that advocacy. There are no penalties for those who withhold public information and officials are not required to obey the counselor's formal opinions.\nSome 49 percent of the inquiries to Davis' office come from the general public, and 39 percent come from government officials asking about requirements of the law. About 12 percent come from news organizations.\nA Star review of all formal opinions issued in the past year by the access counselor found the office supported those seeking access in nearly 54 percent of cases.\n"I would say that overall that compliance has not gotten much better," said Stephen Key, an attorney for the Hoosier State Press Association.\nCitizens who want to force an agency to release its records or open doors to its meetings have only the option of filing a lawsuit if officials ignore the access counselor's opinion.\nWhile public agencies can use public money to defend themselves for withholding public information, citizens must pay for attorneys out of their own pocket.\nWarren Auxier, a business owner in the southern Indiana town of Hanover, sued Madison Industrial Development Corp. to gain access to records and won a settlement. But it cost him $12,000 in attorney fees.\n"The public access counselor's opinions are just that -- opinions," Key said. "They don't have the force of law. Public agencies can say, 'We hear what you're saying, but we think differently."