Published: May 27, 2008 10:35 pm         

Official: Housing Board violated access law

Public Access Counselor’s opinion says Housing board in violation twice

TERRE HAUTE — The Terre Haute Housing Authority Board of Commissioners has been found in violation of Indiana’s public access laws by the Indiana Office of the Public Access Counselor.

In response to more than a dozen complaints filed in late April, Heather Willis Neal, the state public access counselor, issued an opinion Tuesday stating that in her opinion, the board violated Indiana’s open door laws at least twice.

Neal cites Housing Authority Board meetings on April 18 and 28 at which the board met in closed executive sessions without proper advance notice. Neal further writes that the “subject matter of the April 18 closed meeting may have been inappropriate for an executive session,” adding however, she was not aware of the subject matter of that meeting.

According to Indiana’s Open Door laws, governing bodies may conduct closed meetings only for specific reasons, such as discussing litigation, employee evaluations or interviewing prospective employees.

Written notices of closed meetings also must state the subject matter to be discussed at the meeting, according to Indiana law.

Terre Haute City Councilman Rich Dunkin, D-1st, was the first to file a public access complaint against the Housing Authority Board last month. Several Housing Authority employees also filed. In all, 16 complaints against the Terre Haute Housing Authority were combined to make a single complaint, Neal wrote in her Tuesday letter.

In a response to the complaints, Housing Board attorney David Sullivan called both executive session meetings found to be in violation “brief.” He also said the board took no action in either meeting.

Neal, in her advisory opinion, reminded the board that taking action at a meeting includes more than taking a vote. “It is a common mistake of public officials to believe an executive session is appropriate so long as a vote is not taken,” she wrote; however, the definition of “official action” includes such things as receiving information.

Sullivan, in his response to Neal, wrote that the board received information about a prospective employee at its April 28 closed meeting.

Sullivan wrote that it was the obligation of a member of the Housing Authority staff to issue all meeting notices and to advise the board about procedures for regular and executive sessions. He also wrote that the board is revising its current policy.

Neal, in her advisory opinion, wrote “ultimately it is the governing body’s responsibility to make certain all notices are provided as required” by Indiana law.

“Now it’s up to the mayor to take any actions against those folks for violating the open door law,” Dunkin said Tuesday. “It’s misconduct of office, obviously. It’s just whether he wants to push the issue or not.”

Sullivan, speaking Tuesday evening, said he had not yet read the opinion of the public access counselor. He also called Dunkin’s charge that the board’s behavior amounted to misconduct “ridiculous.”

Terre Haute Mayor Duke Bennett said it is too early to comment on the Neal’s opinion or on any possible further steps.

Meanwhile, at a Tuesday evening meeting, the Housing Authority Board voted unanimously to postpone a final decision on a contract between the Housing Authority and Hamilton Center. The $40,000 contract provides counseling for the elderly, said Tom Hunt, president of the board.

Calling the Hamilton Center counseling service a “worthy cause,” Hunt also said the Housing Authority needs to watch its budget.

“We are extremely cash-strapped,” Hunt said. “The mission statement of this Terre Haute Housing Authority is to provide safe, affordable housing. It’s only fair that we take care of our primary mission first,” he said.

A representative of Hamilton Center who spoke at Tuesday evening’s meeting said the mental health organization does not bill Medicaid or Medicare for the services it provides for Housing Authority residents covered by the contract. Hamilton Center provided more than 2,000 services for Housing Authority residents in 2006, a Hamilton Center representative said.

Arthur Foulkes can be reached at (812) 231-4232 or arthur.foulkes@tribstar.com.