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(A) (1) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in § 35.20. A request for inspection or copying must:
(a) Identify with reasonable particularity the record being requested; and
(b) At the discretion of the office or department, be in writing on a form provided by the office of the Clerk-Treasurer.
(2) No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute. (See commercial purposes exception, § 35.21(C).)
(B) A public agency may not deny or interfere with the exercise of the right stated in division (A) above. The public agency shall either:
(1) Provide the requested copies to the person making the request; or
(2) Allow the person to make copies:
(a) On the agency’s equipment; or
(b) On his or her own equipment.
(C) A person who receives information under this subchapter may not use the information for commercial purposes, including to sell, advertise or solicit the purchase of merchandise, goods or services, or sell, loan, give away or otherwise deliver the information obtained by the request to any other person (as defined in I.C. 5-14-3-2) for these purposes.
(D) Use of information received under this subchapter in connection with the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses information in a manner contrary to these provisions will be prohibited from obtaining a copy or any further data.
(A) Nothing contained in § 35.21(B)(8)(a) requires a law enforcement agency to release to the public the job title or job description of law enforcement officers.
(B) If a person is arrested or summoned for an offense, the following information shall be made available for inspection and copying:
(1) Information that identifies the person, including his or her name, age and address;
(2) Information concerning any charges on which the arrest or summons is based; and
(3) Information relating to the circumstances of the arrest or the issuance of the summons, such as the:
(a) Time and location of the arrest or the issuance of the summons;
(b) Investigating or arresting officer (other than an undercover officer or agent); and
(c) Investigating or arresting law enforcement agency.
(C) If a person is received in a jail or lock-up, the following information shall be made available for inspection and copying:
(1) Information that identifies the person, including his or her name, age and address;
(2) Information concerning the reason for the person being placed in the jail or lock-up, including the name of the person on whose order the person is being held;
(3) The time and date that the person was received and the time and date of his or her discharge or transfer; and
(4) The amount of the person’s bail or bond, if it has been fixed.
(D) (1) An agency shall maintain a daily log or record that lists suspected crimes, accidents or complaints, and the following information shall be made available for inspection and copying:
(a) The time, substance and location of all complaints or requests for assistance received by the agency;
(b) The time and nature of the agency’s response to all complaints or requests for assistance; and
(c) If the incident involves an alleged crime or infraction:
1. The time, date and location of occurrence;
2. The name and age of any victim, unless the victim is a victim of a crime under I.C. 35-42-4;
3. The factual circumstances surrounding the incident; and
4. A general description of any injuries, property or weapons involved.
(2) The information required in this division (D) shall be made available for inspection and copying in compliance with this chapter. The record containing the information must be created not later than 24 hours after the suspected crime, accident or complaint has been reported to the agency. These provisions do not affect I.C. 5-2-4 or 5-11-1-9.
(A) A denial of disclosure by a public agency occurs when the person making the request is physically present in the office of the agency, makes the request by telephone, or requests enhanced access to a document and:
(1) The person designated by the public agency as being responsible for public records release decisions refuses to permit inspection and copying of a public record when a request has been made; or
(2) Twenty-four hours elapse after any employee of the public agency refuses to permit inspection and copying of a public record when a request has been made; whichever occurs first.
(B) If a person requests by mail or by facsimile a copy or copies of a public record, a denial of disclosure does not occur until seven days have elapsed from the date the public agency receives the request.
(C) If a request is made orally, either in person or by telephone, a public agency may deny the request orally. However, if a request initially is made in writing, by facsimile, or through enhanced access, or if an oral request that has been denied is renewed in writing or by facsimile, a public agency may deny the request if:
(1) The denial is in writing or by facsimile; and
(2) The denial includes:
(a) A statement of the specific exemption or exemptions authorizing the withholding of all or part of the public record; and
(b) The name and the title or position of the person responsible for the denial.
(D) (1) A person who has been denied the right to inspect or copy a public record by a public agency may file an action in the circuit or superior court of the county in which the denial occurred to compel the public agency to permit the person to inspect and copy the public record. Whenever an action is filed under this division (D), the public agency must notify each person who supplied any part of the public record at issue:
(a) That a request for release of the public record has been denied; and
(b) Whether the denial was in compliance with an informal inquiry response or advisory opinion of the public access counselor.
(2) Such persons are entitled to intervene in any litigation that results from the denial. The person who has been denied the right to inspect or copy need not allege or prove any special damage different from that suffered by the public at large.
(E) The municipality hereby acknowledges the further provisions of I.C. 5-14-3-9 and its description of procedures and remedies for unlawful denial of disclosures.
(A) The following public records are excepted from § 35.18 and may not be disclosed by a public agency, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute;
(2) Those declared confidential by rule adopted by a public agency under specific authority to classify public records as confidential, granted to the public agency by statute;
(3) Those required to be kept confidential by federal law;
(4) Records containing trade secrets;
(5) Confidential financial information obtained, upon request, from a person. However, this does not include information that is filed with or received by a public agency pursuant to state statute;
(6) Information concerning research, including actual research documents, conducted under the auspices of an institution of higher education, including information:
(a) Concerning any negotiations made with respect to the research; and
(b) Received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as part of a licensure process; and
(8) Those declared confidential by or under rules adopted by the Supreme Court of the state.
(1) Investigatory records of law enforcement agencies. However, certain law enforcement records must be made available for inspection and copying as provided in § 35.18;
(2) The work product of an attorney representing, pursuant to an appointment by a public agency:
(a) A public agency;
(b) The state; or
(c) An individual.
(3) Test questions, scoring keys and other examination data used in administering a licensing examination, examination for employment or academic examination, before the examination is given or if it is to be given again;
(4) Scores of tests if the person is identified by name and has not consented to the release of his or her scores;
(5) The following:
(a) Records relating to negotiations between economic development commissions with industrial, research or commercial prospects, if the records are created while negotiations are in progress;
(b) Notwithstanding division (B)(5)(a) above, the terms of the final offer of public financial resources communicated by economic development commissions to an industrial, a research or a commercial prospect shall be available for inspection and copying under § 35.18 after negotiations with that prospect have terminated; and
(c) When disclosing a final offer under division (B)(5)(b) above, the proper officer(s) of economic development commissions shall certify that the information being disclosed accurately and completely represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or deliberative material, including material developed by a private contractor under a contract with a public agency, that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making;
(7) Diaries, journals or other personal notes serving as the functional equivalent of a diary or journal;
(8) (a) Personnel files of public employees and files of applicants for public employment, except for:
1. The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency;
2. Information relating to the status of any formal charges against the employee; and
3. Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.
(b) However, all personnel file information shall be made available to the affected employee or his or her representative. This division (B)(8) does not apply to disclosure of personnel information generally on all employees or for groups of employees without the request being particularized by employee name.
(9) Administrative or technical information that would jeopardize a recordkeeping or security system;
(10) Computer programs, computer codes, computer filing systems and other software that are owned by the public agency or entrusted to it and portions of electronic maps entrusted to a public agency by a utility;
(11) Records specifically prepared for discussion or developed during discussion in an executive session under I.C. 5-14-1.5-6.1. However, this division (B)(11) does not apply to that information required to be available for inspection and copying under division (B)(8) above; and
(12) The identity of a donor of a gift made to a public agency if:
(a) The donor requires nondisclosure of his or her identity as a condition of making the gift; or
(b) After the gift is made, the donor or a member of the donor’s family requests nondisclosure.
(C) Notwithstanding § 35.18, a public agency is not required to create or provide copies of lists of names and addresses, unless the public agency is required to publish such lists and disseminate them to the public pursuant to statute. However, if a public agency has created a list of names and addresses, it must permit a person to inspect and make memoranda abstracts from the lists, unless access to the lists is prohibited by law. The following lists of names and addresses may not be disclosed by public agencies to commercial entities for commercial purposes and may not be used by commercial entities for commercial purposes:
(1) A list of employees of a public agency; and
(2) A list of persons attending conferences or meetings at a state institution of higher education, or of persons involved in programs or activities conducted or supervised by the state institution of higher education.
(D) Nothing contained in division (B) above shall limit or affect the right of a person to inspect and copy a public record required or directed to be made by any statute or by any rule of a public agency.
(E) Notwithstanding any other law, a public record that is classified as confidential, other than a record concerning an adoption, shall be made available for inspection and copying 75 years after the creation of that record.
(F) Notwithstanding division (E) above and § 35.22:
(1) Public records subject to I.C. 5-15 may be destroyed only in accordance with record retention schedules under I.C. 5-15; or
(2) Public records not subject to I.C. 5-15 may be destroyed in the ordinary course of business.
(A) A public agency shall protect public records from loss, alteration, mutilation or destruction, and regulate any material interference with the regular discharge of the functions or duties of the public agency or public employees.
(B) A public agency shall take precautions that protect the contents of public records from unauthorized enhanced access, unauthorized access by an electronic device, or alteration.
(C) This section does not operate to deny to any person the rights secured by § 35.18.