From The Banner (Knightstown):
Q: Are police officer disciplinary hearings under IC 36-8-3-4(c) required to be public proceedings, or can be handled in executive session under
IC 5-14-1.5-6.1(b)(6) or some other exception?
A: Unfortunately, the legislature did not say “public” hearing in paragraph (c).
The courts have interpreted this to mean that the legislature did not intend for these hearings to be mandated to be open as opposed to
hearings for sheriff’s deputies, whose similar statute says “public hearing.”
So you are correct – the 6.1(b)(6)language can be used by cities/towns to close the hearing requested by the officer facing discipline.
Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.
