Accountabili-buddies

The days of Bobby Knight are long gone. But even though the bruises from airborne deck chairs have all but healed, his firing still raises stinging questions about procedure and equity, especially in government agencies and public institutions such as the University. Many factors went into his dismissal, including violence toward players, fans and the media, but in hindsight it appears that at least some of the conspiracy theories merit a second look.\nAccording to the Indianapolis Star, Indiana’s Open Door Law currently permits “separate gatherings by less than a quorum of a government board to discuss the same subject with the purpose of conducting official business” to skirt the quorum requirements by holding the meetings in private, and therefore remain undocumented and “off the record.” If they meet in groups with more than half the quorum, they must open their discussion to the public. During the 2000 controversy surrounding Coach Knight, one of IU’s most recognized and respected figures, the committee concerned with his departure met in groups of less than half their members at a time in order to be able to meet in private. \nEnter the Indiana State Legislature. Late last month, the Senate overwhelmingly agreed with the House to prohibit holding so-called “serial meetings” while conducting official government business in order to avoid public input. If approved by Governor Mitch Daniels, the bill would close the loopholes in the Open Door Law that allow government officials to skirt the quorum requirements; that is, meetings attended by less than a majority of agency or committee members. Currently, many officials meet individually or in small groups to discuss future policy changes or expenditures. By doing so, they eliminate the legal requirement for public debate and prevent true governmental transparency. In contrast, the new law would require any official meeting attended by less than the majority of the committee involved to be open to public discussion and prohibit meaningful action until a quorum is gathered. \nThough the General Assembly’s legislative agenda rarely seems to encompass anything useful or in any way beneficial for to the public, the Editorial Board can finally applaud their prudence.\nIf passed, the bill will allow anyone who alleges that a serial meeting has occurred to file suit. If a court then decides that the meeting did in fact violate serial meeting procedures, the policy or action would immediately be declared null and void in much the same way that a bill which violates congressional procedure is struck down. Under the law, a “meeting” will be defined by both in-person communication, including social events and political caucuses, as well as telephone exchanges. E-mail conversations will be excluded.\nThe law will have serious implications for IU’s own board of trustees, a body that regularly meets in an unofficial capacity to conduct official business. Such was the case at the height of the Coach Knight controversy. Because the trustees met in below-quorum groups, they were allowed to exclude the students, faculty and taxpayers from the debate. \nThough it’s highly unlikely Coach Knight will come back to IU next season – or ever – the law means that all trustee business will be conducted above the table. Everything from tuition increases to outsourcing decisions will be open to the public, and minutes will be freely available to all interested parties. \nWith the passage of this law, the Indiana State Legislature will finally return accountability to the public sphere.