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Frye v. Vigo County6/4/2002
5-6.1(b)(6). An "executive session" is defined as "a meeting from which the public is excluded, except the governing body may admit those persons necessary to carry out its purpose." Ind. Code § 5-14-1.5-2(f). The only official action that cannot take place in executive session is a final action which must take place at a meeting open to the public. Baker, 753 N.E.2d at 71 citing Ind. Code § 5-14-1.5-6.1(c). A "final action" is defined as "a vote by the governing body on any motion, proposal, resolution, rule, regulation, ordinance, or order." Ind. Code § 5-14-1.5-2(g).
1. Public Notice
The Citizens argue the trial court erred in determining that the annual notice published in the newspaper was sufficient notice of the September 9th executive session meeting terminating Roberts' employment and the September 28th executive session meeting upholding the termination. Section 5 of the Open Door Law, requiring public notice of meetings, provides in pertinent part that:
(a) Public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting, shall be given at least forty-eight (48) hours . . . before the meeting.
(b) Public notice shall be given by the governing body of a public agency by:
(1) posting a copy of the notice at the principal office of the public agency holding the meeting or, if no such office exists, at the building where the meeting is to be held; and
(2) depositing in the United States mail with postage prepaid or by delivering notice to all news media which deliver by January 1 an annual written request for such notices for the next succeeding calendar year to the governing body of the public agency.
(c) Notice of regular meetings need be given only once each year, except that an additional notice shall be given where the date, time, or place of a regular meeting or meetings is changed. This subsection does not apply to executive sessions. (Emphasis added.)
The trial court determined that the annual notice published in the newspaper was sufficient public notice of the September 9th and 28th executive session meetings. However, annual notice is sufficient only for regular meetings. Subsection (c) clearly states that the annual notice provision does not apply to executive sessions. Additionally, section 6.1(d) of the Open Door Law provides that:
(d) Public notice of executive sessions must state the subject matter by specific reference to the enumerated instance or instances for which executive sessions may be held under subsection (b). The requirements stated in section 4 of this chapter for memoranda and minutes being made available to the public is modified as to executive sessions in that the memoranda and minutes must identify the subject matter considered by specific reference to the enumerated instance or instances for which public notice was given. The governing body shall certify by a statement in the memoranda and minutes of the governing body that no subject matter was discussed in the executive session other than the subject matter specified in the public notice.
The annual notice relied on by the trial court does not meet the requirements for notice of an executive session. The trial court abused its discretion in finding there was sufficient public notice of the Commissioners' September 9th and 28th executive session meetings concerning Roberts' employment status.
1. County Attorney and Union Representatives
The Citizens argue the Commissioners improperly met in executive sessions with county attorney Lynn Francis because Francis was contacted by phone during the September 9
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