Q&A: Officials should cite code that allows for executive session


From the North Vernon Plain Dealer:

Q:  I received a notice of an executive session of the commissioners All it lists is fairgrounds. I know the fair board is considering entering into a contract to lease some of the buildings. Does this qualify for an executive session?

A: Notice of an executive session should include a reference to the section of the Open Door Law concerning executive sessions identifying  the subject matter that they are claiming allows the governing body to hold an executive session.

For example, IC 5-14-1.5-6.1(b)(5) – to receive information about and interview prospective employees. If they are talking about leasing buildings from Muscatatuck, it might fall under (b)(2) – for discussion of strategy with respect to . . .
(D) the purchase or lease of real property by the governing body up to the time of a contract or option to purchase or lease is executed by the parties.

But make them justify the executive session by code cite.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.