(A) The Town Council shall abide by the Access to Public Records Act (I.C. 5-14-3).
(B) Public records are any writing, paper, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, used, or filed by the town. The general public may, with 24-hour notice, inspect and copy any record, except:
(1) Records declared confidential by federal or state statute;
(2) Trade secrets or confidential commercial information;
(3) Work products of the Town Attorney appointed to work for the municipality;
(4) Personal notes, diaries, or journals;
(5) Records specifically prepared for discussion in an executive session;
(6) Internal memoranda, which are expressions of opinion or deliberative material generated for the purpose of decision making;
(7) Personnel records of employees;
(8) Administrative or technical information which if released could jeopardize a record keeping or security system;
(9) Law enforcement records; and
(10) Computer files, programs, codes, and systems.
(C) Individuals who desire to inspect a public record must identify with reasonable particularity the record requested. Individuals may not check through public records at random.
(D) Any request for inspection of a record must be in writing. Any citizen denied access to a record may file action in circuit or superior court to determine if the denial was warranted. The municipality has 24 hours to reconsider the request before the citizen can file an action. The citizen must inform the Clerk-Treasurer within 24 hours of the impending suit.
(E) If a person requests a public record by mail, the municipality has seven days from the date of receipt of the request to respond. If there is no response from the Clerk-Treasurer in seven days, the request is considered denied. The town is not responsible for lost, stolen, or misdirected mail.
(F) If the request is made in writing and submitted personally, the denial must also be in writing and must contain the specific reason for the denial and the name and title of the official making the denial.
(Prior Code, § 30.28)
Cross reference:
Public records policy, see § 33.09