 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Frye v. Vigo County6/4/2002
gs:
That, as required by the Indiana Open Door Law, the Vigo County Commissioners published notice regarding their regular meetings in accordance with the provisions of I.C. 5-14-1.5-5(c), which said notice was published on or about December , 1997, in the Terre Haute Tribune, a newspaper of general circulation in Vigo County, Indiana, advising the public of its intent to meet at 10:00 a.m. Eastern Standard Time on January 5, 1998, in the Vigo County Commissioners Courtroom, Vigo County Annex Building, 201 Cherry Street, Terre Haute, Indiana, and, further, of its intent to continue to meet in daily session and each working day of the year 1998 with all sessions being open to the public. Id. at 30 (emphasis in original).
The trial court in its ruling found that this annual notice was sufficient notice of the September 9, 1998, meeting that was closed to the public, and that the Commissioners could meet in executive session to hear information about Roberts' alleged misconduct. However, the trial court held the final action of terminating Roberts' employment in a closed meeting violated the Open Door Law. The trial court did not find any violations of the Open Door Law regarding the Commissioners' September 28th meeting upholding Roberts' termination.
The trial court also found that the Open Door Law did not apply to the Grievance Panel meetings because the Grievance Panel was not "directly appointed" by the Commissioners. Id. Despite finding that the Commissioners' final action of terminating Roberts in a closed meeting on September 9, 1998, violated the Open Door Law, the trial court upheld the Commissioners' action of terminating Roberts' employment. The trial court denied the Citizens' request for a declaratory judgment, injunctive relief, and damages. This appeal ensued.
STANDARD OF REVIEW
An appeal from a negative judgment determines the standard of review by this Court. Town of Merrillville v. Blanco, 687 N.E.2d 191, 195 (Ind. Ct. App. 1997), trans. denied, citing Pepinsky v. Monroe County Council, 461 N.E.2d 128, 135 (Ind. 1984). We will not reverse the judgment of the trial court unless it is contrary to law. Id. In determining whether the trial court's judgment is contrary to law, we will consider the evidence in the light most favorable to the appellee together with all the reasonable inferences to be drawn therefrom. Id. The judgment will be reversed only if the evidence leads to but one conclusion and the trial court reached an opposite conclusion. Id.
DISCUSSION AND DECISION
The purpose of the Indiana Open Door Law is to assure that the business of the State of Indiana and its political subdivisions be conducted openly so that the general public may be fully informed. Baker v. Town of Middlebury, 753 N.E.2d 67, 70 (Ind. Ct. App. 2001), reh'g. denied, trans. denied; Ind. Code § 5-14-1.5-1. We are required to liberally construe the statute in order to give effect to the legislature's intention. Id. Unless an exception applies, "all meetings of the governing bodies of public agencies must be open at all times for the purpose of permitting members of the public to observe and record them." Ind. Code § 5-14-1.5-3(a). All doubts must be resolved in favor of requiring a public meeting and all exceptions to the rule requiring open meetings must be narrowly construed with the burden of proving the exception on the party claiming it. Baker, 753 N.E.2d at 70.
Section 6.1 of the Open Door Law permits executive sessions in certain specified instances including receiving information about an employee's alleged misconduct and to discuss, before a determination, the employee's employment status. Ind. Code § 5-14-1.
Page 1 2 3 4 5 6 7 Indiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|