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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