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Mon, Nov 23 2009 

Published: March 30, 2009 03:50 pm    print this story   email this story  

Tribune-Star editorial: Good, bad news coming from General Assembly

The Tribune-Star

The apparent failure of local government reform efforts in this session of the Indiana General Assembly is producing a number of legislative casualties. One reform proposal that would represent a major step forward for Terre Haute and Vigo County is among those unlikely to advance during the current session.

Among our favorite stipulations in various reform packages is one that would prevent public employees from serving on elected boards that oversee their positions and vote on pay raises.

Instances of firefighters, police officers and other public workers sitting on elected bodies and having direct influence on their own salaries and departmental budgets have long been a problem in Vigo County. Several instances exist now. While compromise proposals might have allowed current officeholders to continue in such roles despite the conflicts of interest, the problem would have been eliminated in the long term and would not allow new conflicts to arise.

Some reform provisions might resurface during the conference committee phase later in the session, but they most likely will be shelved until next year. That’s too bad, but rest assured these efforts will not die.

For the sake of good government, reform efforts such as this one must be pressed in the future.

• A positive piece of legislation that is still alive in the Indiana Legislature is one that would put teeth into laws governing access to public records and meetings.

The bill, which passed the Senate 49-0 and is now in a House committee awaiting a hearing, creates the ability for a judge to levy a civil fine against public officials if they deliberately violate the state’s public access laws.

As it now stands, the bill sets the maximum amount of a possible fine at $100 for a first occurrence, and a maximum of $500 for any subsequent violation.

While Indiana public access laws are widely viewed as adequate, the lack of civil penalties for violations has always been considered a flaw.

“A citizen can be fined for littering or jaywalking, but a public official can now purposely ignore the public’s right to information about government action or observe a board meeting without any personal consequences,” says Steve Key, general counsel for the Hoosier State Press Association. “That’s not right and [this bill] addresses that issue.”

Key explained that the fine would only come into play if a successful lawsuit alleging an access violation is brought against a public official or agency.

We urge the committee hearing the bill to pass it to the full House, and for representatives to pass it into law.

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