HomeMy WebLinkAbout1990-R-03RESOLUTION
A resolution of the jeffersonville City Council prohibiting the
adjournment of regular ~nd special meetings of the council for
the purpose of conducting ,,political" or other caucuses.
WHEREAS it is the intent of the Jeffersonville City Council to
comply with the letter and the spirit of Indiana's Open Door Law
and thereby promote a local government which is responsive %0 the
p~blic, and
WHEREAS %he jeffersonville City Council has, in the past, adjourned
from open meetings and conducted closed door sessions referred to
as ,,political caucuses" which appear to be in violation of the
Open Door law, and
WHEREAS the Council feels it can better serve the citizens-of Jeffer-
sonville by nmKing its meetings as open as possible, ~nd by complyin(3
with the letter and the spirit of the Open Door Law,
NOW THEREFORE BE IT RESOLVED:
1. That the Jeffersonville City Council will, from this day forward,
not to allow the adjournment of a regular or special meeting for the
purpose of conducting a ,,political" or any other form of cmucus.
2. That the Jeffersonville City Council embraces the Indi~0~ Open
Door Law ms the primary vehicle by which the public is gr~nted access
to its government, ~nd grants assurances that every effort will be
made to cc~ply with both the letter and the spirit of the law in all
matters of the Council.
WHERETO WE SET OUR HAND AND SEAL THIS 20th day of January, 1990.
Si~natures:
NEWS & JOURNAL, IN¢;
221 Spring St. P.O. Box 867 jeffersonville, IN 47131-0867 812-283-6636
J~nuary 20, 1990
Mr. Robert Waiz, President
Jeffersonville City Council
City-CountyBuilding
Jeffersonville, IN 47130
Dear Mr. President:
The Evening News h~s consulted with legal counsel concerning the
practice of the Jeffersonville City Council to adjourn during their
public meetir~3s for what is referred to as a ,,caucus".
,'The Indi~r~ 'Open Door' Law" expressly states that the ,,official
action of public agencies be conducted and taken openly, in order
that the people may be fully informed". It goes on to state in the
provision of I.C. 5-14-1.5-1 that the provisions of this chapter ,,are
to be liberally construed with the view of carrying out its policy".
Since there is no statutory provision for the holdin~ of what amounts
to ~m executive session during the course of a public meeting of the
Jeffersonville City Council, the designation of these secret sessions
by certain councilmen end others as ,,caucuses" is an obvious and
blatant attempt to circumvent the letter ~nd spirit of %he Indiana
,,Open D o or Law".
The Evening News hereby for~mlly requests that the Council adopt a
resolution today in which the council officially determines that the
practice of holding a "caucus" during the course of ~uny of its public
meetings is prohibited by the Indiana ,,Open Door Law" and further
determines that this practice will cease immediately.
In the event such a resolution is not adopted, the Jeffersonville City
Council is hereby notified that the News & Journal, Inc. will file suit
pursuant to the provisions of I.C. 5-14-1.5.7 and request a Court of
competent jurisdiction to grant the following relief:
-2-
(a) E~join continuing and future violations of %he
IndiaDa "Open Door Law" by the Jeffersonville
City Council;
(b) Declare void any policy inia%ed, decision made,
or final action taken a% ~ny p~s% meeting in
which this aforesaid unlawful practice was
followed;
(c)
Award the News & Journal, Inc., a judgement
against the Jefferson¥ille City Council for'
reasonable attorney's fees, cour~ cos%s, and
other reasonable expenses of litigation; all
of %5/ich would be in accord with the provisions
of I.C. 5-14-1.5-7
We hope that an appropropriate resolution will be adopted today,
January 20, 1990, so that %his legal action will not have to be taken
by the News & Journal, Inc. in behalf of The Evening News.
Don Newton
Editor-General Manager
The Evening News
Enclosure