Ind. Code ch. 5-14-1.5

Ind. Code ch. 5-14-1.5
in effect

Ind. Code § 5-14-1.5-1 Purpose

Sec. 1. In enacting this chapter, the general assembly finds and declares that this state and its political subdivisions exist only to aid in the conduct of the business of the people of this state. It is the intent of this chapter that the official action of public agencies be conducted and taken openly, unless otherwise expressly provided by statute, in order that the people may be fully informed. The purposes of this chapter are remedial, and its provisions are to be liberally construed with the view of carrying out its policy. As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.67-1987, SEC.1.

Ind. Code § 5-14-1.5-2 Definitions

Sec. 2. For the purposes of this chapter: (a) "Public agency", except as provided in section 2.1 of this chapter, means the following: (1) Any board, commission, department, agency, authority, or other entity, by whatever name designated, exercising a portion of the executive, administrative, or legislative power of the state. (2) Any county, township, school corporation, city, town, political subdivision, or other entity, by whatever name designated, exercising in a limited geographical area the executive, administrative, or legislative power of the state or a delegated local governmental power. (3) Any entity which is subject to either: (A) budget review by either the department of local government finance or the governing body of a county, city, town, township, or school corporation; or (B) audit by the state board of accounts that is required by statute, rule, or regulation. (4) Any building corporation of a political subdivision of the state of Indiana that issues bonds for the purpose of constructing public facilities. (5) Any advisory commission, committee, or body created by statute, ordinance, or executive order to advise the governing body of a public agency, except medical staffs or the committees of any such staff. (6) The Indiana gaming commission established by IC 4-33, including any department, division, or office of the commission. (7) The Indiana horse racing commission established by IC 4-31, including any department, division, or office of the commission. (b) "Governing body" means two (2) or more individuals who are any of the following: (1) A public agency that: (A) is a board, a commission, an authority, a council, a committee, a body, or other entity; and (B) takes official action on public business. (2) The board, commission, council, or other body of a public agency which takes official action upon public business. (3) Any committee appointed directly by the governing body or its presiding officer to which authority to take official action upon public business has been delegated. However, the following do not constitute a governing body for purposes of this chapter: (A) An agent or agents appointed by the governing body to conduct collective bargaining on behalf of the governing body. (B) A committee appointed directly by the governing body or a designee of the governing body: (i) for the sole purpose of receiving information, deliberating, or making recommendations to the governing body; and (ii) that has not more than one (1) member of the governing body as a member. (c) "Meeting" means a gathering of a majority of the governing body of a public agency for the purpose of taking official action upon public business. It does not include any of the following: (1) Any social or chance gathering not intended to avoid this chapter. (2) Any on-site inspection of any: (A) project; (B) program; or (C) facilities of applicants for incentives or assistance from the governing body. (3) Traveling to and attending meetings of organizations devoted to betterment of government. (4) A caucus. (5) A gathering to discuss an industrial or a commercial prospect that does not include a conclusion as to recommendations, policy, decisions, or final action on the terms of a request or an offer of public financial resources. (6) An orientation of members of the governing body on their role and responsibilities as public officials, but not for any other official action. (7) A gathering for the sole purpose of administering an oath of office to an individual. (8) Collective bargaining discussions that the governing body of a school corporation engages in directly with bargaining adversaries. This subdivision applies only to a governing body that has not appointed an agent or agents to conduct collective bargaining on behalf of the governing body as described in subsection (b)(3). (d) "Official action" means to: (1) receive information; (2) deliberate; (3) make recommendations; (4) establish policy; (5) make decisions; or (6) take final action. (e) "Public business" means any function upon which the public agency is empowered or authorized to take official action. (f) "Executive session" means a meeting from which the public is excluded, except the governing body may admit those persons necessary to carry out its purpose. The governing body may also admit an individual who has been elected to the governing body but has not been sworn in as a member of the governing body. (g) "Final action" means a vote by the governing body on any motion, proposal, resolution, rule, regulation, ordinance, or order. (h) "Caucus" means a gathering of members of a political party or coalition which is held for purposes of planning political strategy and holding discussions designed to prepare the members for taking official action. (i) "Deliberate" means a discussion which may reasonably be expected to result in official action (defined under subsection (d)(3), (d)(4), (d)(5), or (d)(6)). (j) "News media" means all newspapers qualified to receive legal advertisements under IC 5-3-1, all news services (as defined in IC 34-6-2.1-131), and all licensed commercial or public radio or television stations. (k) "Person" means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity. (l) "State educational institution" has the meaning set forth in IC 21-7-13-32. (m) "Charter school" has the meaning set forth in IC 20-24-1-4). The term includes a virtual charter school (as defined in IC 20-24-1-10). As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.1; P.L.33-1984, SEC.1; P.L.67-1987, SEC.2; P.L.8-1993, SEC.56; P.L.277-1993(ss), SEC.127; P.L.1-1994, SEC.20; P.L.50-1995, SEC.14; P.L.1-1998, SEC.71; P.L.90-2002, SEC.16; P.L.35-2003, SEC.1; P.L.179-2007, SEC.1; P.L.103-2013, SEC.1; P.L.197-2017, SEC.1; P.L.124-2022, SEC.1; P.L.171-2024, SEC.1; P.L.186-2025, SEC.57.

Ind. Code § 5-14-1.5-2.1 "Public agency"; certain providers exempted

Sec. 2.1. "Public agency", for purposes of this chapter, does not mean a provider of goods, services, or other benefits that meets the following requirements: (1) The provider receives public funds through an agreement with the state, a county, or a municipality that meets the following requirements: (A) The agreement provides for the payment of fees to the entity in exchange for services, goods, or other benefits. (B) The amount of fees received by the entity under the agreement is not based upon or does not involve a consideration of the tax revenues or receipts of the state, county, or municipality. (C) The amount of the fees are negotiated by the entity and the state, county, or municipality. (D) The state, county, or municipality is billed for fees by the entity for the services, goods, or other benefits actually provided by the entity. (2) The provider is not required by statute, rule, or regulation to be audited by the state board of accounts. As added by P.L.179-2007, SEC.2.

Ind. Code § 5-14-1.5-2.9 Duty of governing body to provide live transmission of meetings; applicability and exemptions; archived copies; recording of meetings; public access to transmission or recording; technological failures

Sec. 2.9. (a) This section does not apply to the following: (1) A meeting under section 6.1 of this chapter. (2) A state educational institution. (3) Subject to IC 8-1-1-8.1, a hearing noticed under IC 8-1-1-8, regarding which a stenographic record is required to be made and kept pursuant to IC 8-1-2-65. (4) A meeting conducted under IC 6-1.5-2-4, for which a record of the proceedings and any orders are required to be kept under IC 6-1.5-2-5. (b) This section applies only to the following: (1) A governing body of a state agency. (2) The following governing bodies of agencies that are not state agencies: (A) The executive (as defined in IC 36-1-2-5), legislative body (as defined in IC 36-1-2-9), or fiscal body (IC 36-1-2-6) of a county, city, town, or township. (B) A school board that has members who are elected. (C) Any governing body that conducts the governing body's regular meetings in the same meeting room in which a governing body described in clause (A) or (B) conducts its regular meetings. (c) Except as provided in subsection (e), a governing body shall provide on a publicly accessible platform of the public agency's choice, the following: (1) Live transmissions of the governing body's meetings. (2) Archived copies of the live transmissions described in subdivision (1). Each archived copy of a live transmission must provide access by links to the meeting's: (A) agenda, if any; (B) minutes, if any; and (C) memoranda. (d) A governing body shall include the website for live transmissions and archived copies of live transmissions in the meeting notice. (e) If a governing body does not have Internet capability for live transmission of meetings, the governing body shall record the meeting and retain the recording as provided in subsection (f). (f) The public agency is subject to the following: (1) The public agency shall make a copy of the transmission or recording available for public inspection and copying or downloading for at least ninety (90) days after the date of the meeting. The public agency shall, at the public agency's discretion, permit a person to inspect and copy or download the transmission or recording: (A) without charge, from a publicly accessible platform of the public agency's choosing; or (B) from the public agency's data storage system: (i) upon a request submitted by the person under IC 5-14-3-3; and (ii) during the regular business hours of the public agency. The public agency may charge a fee under IC 5-14-3-8 for providing a copy or downloaded copy under clause (B). (2) More than ninety (90) days after the date of the meeting, the public agency may destroy the transmission or recording. (g) A technological failure that disrupts or prevents the governing body from live streaming, recording, archiving, or maintaining a copy of a live transmission or recording of a meeting does not: (1) prevent the governing body from conducting the meeting; (2) affect the validity of an action taken by the governing body at the meeting; (3) violate this chapter or any statute concerning the retention, preservation, or production of public records; or (4) subject any person to civil or criminal liability. As added by P.L.127-2023, SEC.1. Amended by P.L.68-2024, SEC.1; P.L.213-2025, SEC.66.

Ind. Code § 5-14-1.5-3 Open meetings; secret ballot votes; member participating by electronic means of communication

Sec. 3. (a) Except as provided in section 6.1 of this chapter, 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. (b) A secret ballot vote may not be taken at a meeting. (c) A meeting conducted in compliance with section 3.5 or 3.6 of this chapter or any other statute that authorizes a governing body to conduct a meeting using an electronic means of communication does not violate this section. (d) This subsection applies only to the governing body of a school corporation or charter school. The governing body: (1) shall allow a member of the public who is physically present at the meeting location, including a meeting conducted under section 3.5 of this chapter, to provide oral public comment; and (2) may allow a member of the public to provide oral public comment during a meeting conducted under section 3.7 of this chapter. A governing body may adopt reasonable rules to govern the taking of oral public comment at a meeting. However, the taking of oral public comment on a topic must occur before the governing body takes final action on the topic. The governing body may set a limit on the total amount of time for receiving oral public comment on a topic. (e) Nothing in this section prohibits a governing body from taking reasonable steps to maintain order in a meeting, including removal of any person who is willfully disruptive of the meeting. As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988, SEC.6; P.L.1-1991, SEC.35; P.L.179-2007, SEC.3; P.L.134-2012, SEC.10; P.L.116-2022, SEC.1; P.L.124-2022, SEC.2.

Ind. Code § 5-14-1.5-3.1 Serial meetings

Sec. 3.1. (a) Except as provided in subsection (b), the governing body of a public agency violates this chapter if members of the governing body participate in a series of at least two (2) gatherings of members of the governing body and the series of gatherings meets all of the following criteria: (1) One (1) of the gatherings is attended by at least three (3) members but less than a quorum of the members of the governing body and the other gatherings include at least two (2) members of the governing body. (2) The sum of the number of different members of the governing body attending any of the gatherings at least equals a quorum of the governing body. (3) All the gatherings concern the same subject matter and are held within a period of not more than seven (7) consecutive days. (4) The gatherings are held to take official action on public business. For purposes of this subsection, a member of a governing body attends a gathering if the member is present at the gathering in person or if the member participates in the gathering by telephone or other electronic means, excluding electronic mail. (b) This subsection applies only to the city-county council of a consolidated city or county having a consolidated city. The city-county council violates this chapter if its members participate in a series of at least two (2) gatherings of members of the city-county council and the series of gatherings meets all of the following criteria: (1) One (1) of the gatherings is attended by at least five (5) members of the city-county council and the other gatherings include at least three (3) members of the city-county council. (2) The sum of the number of different members of the city-county council attending any of the gatherings at least equals a quorum of the city-county council. (3) All the gatherings concern the same subject matter and are held within a period of not more than seven (7) consecutive days. (4) The gatherings are held to take official action on public business. For purposes of this subsection, a member of the city-county council attends a gathering if the member is present at the gathering in person or if the member participates in the gathering by telephone or other electronic means, excluding electronic mail. (c) A gathering under subsection (a) or (b) does not include: (1) a social or chance gathering not intended by any member of the governing body to avoid the requirements of this chapter; (2) an onsite inspection of any: (A) project; (B) program; or (C) facilities of applicants for incentives or assistance from the governing body; (3) traveling to and attending meetings of organizations devoted to the betterment of government; (4) a caucus; (5) a gathering to discuss an industrial or a commercial prospect that does not include a conclusion as to recommendations, policy, decisions, or final action on the terms of a request or an offer of public financial resources; (6) an orientation of members of the governing body on their role and responsibilities as public officials, but not for any other official action; (7) a gathering for the sole purpose of administering an oath of office to an individual; or (8) a gathering between less than a quorum of the members of the governing body intended solely for members to receive information and deliberate on whether a member or members may be inclined to support a member's proposal or a particular piece of legislation and at which no other official action will occur. (d) A violation described in subsection (a) or (b) is subject to section 7 of this chapter. As added by P.L.179-2007, SEC.4.

Ind. Code § 5-14-1.5-3.2 School corporation or charter school; oral public comment

Sec. 3.2. (a) This section applies only to the governing body of a: (1) school corporation; or (2) charter school. (b) The governing body shall allow oral public comment at a meeting as set forth in section 3 of this chapter. As added by P.L.124-2022, SEC.3.

Ind. Code § 5-14-1.5-3.3 Conduct of meetings of certain entities

Sec. 3.3. (a) This section applies only to a meeting of the governing body of an entity described in section 2(a)(2) or 2(a)(3) of this chapter. (b) This section does not apply to a meeting of the governing body of a school corporation or charter school. (c) As used in this section, "attendee" means a member of the public who is physically present at a meeting of a governing body. (d) If a governing body allows attendees to speak on a topic at a meeting, the governing body may designate: (1) a period for taking public testimony that is: (A) before or during the governing body's discussion or consideration of the topic; and (B) before the governing body takes final action on the topic; and (2) the amount of time allotted for attendees to speak on the topic. (e) A governing body may adopt reasonable rules or policies governing the conduct of a meeting, including any of the following: (1) Reasonable restrictions on the time allotted for attendees to speak on a topic. (2) Reasonable steps to maintain order during a meeting with respect to attendees and the elected officials of the governing body. (3) A procedure for the presiding member of the governing body to issue warnings to attendees who disrupt a meeting. Subject to subsection (g), the procedure may provide that if an attendee receives three (3) warnings, the presiding member of the governing body may upon issuing the third warning, direct: (A) the attendee to leave the meeting; and (B) a law enforcement officer to remove the attendee from the meeting, if the attendee refuses to leave when directed by the presiding member for a violation of the rules or policies governing the conduct of the meeting as adopted by the governing body. (f) The governing body must notify attendees of any rules or policies that are adopted under this section by: (1) posting the rules or policies in a visible area at the entrance to the meeting location; or (2) making an announcement of the rules or policies at the meeting before taking oral public comment. (g) Nothing in this section may be construed to prohibit a law enforcement officer from immediately removing an attendee from a meeting if: (1) removal of the attendee is necessary to maintain order or ensure the safety of another person; (2) the attendee commits a criminal offense; or (3) the attendee violates the rules or policies governing the conduct of the meeting as adopted by the governing body. (h) IC 34-13-3-3(a)(8) applies to this section. As added by P.L.171-2024, SEC.2.

Ind. Code § 5-14-1.5-3.5 Electronic meetings of political subdivisions; statutory authorization required

Sec. 3.5. (a) This section applies only to a governing body of a public agency of a political subdivision, other than a governing body of an airport authority, a department of aviation, or a conservancy district as set forth in section 3.6 of this chapter. (b) Subject to subsection (i), a member of the governing body of a public agency who is not physically present at a meeting of the governing body may participate in a meeting by any electronic means of communication that does the following: (1) Allows all participating members of the governing body to simultaneously communicate with each other. (2) Allows the public to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session. Subject to subsection (i), a governing body member who participates in the meeting by an electronic means of communication shall be considered present for purposes of establishing a quorum but may participate in any final action taken at the meeting only if the member can be seen and heard. (c) A technological failure in an electronic means of communication that disrupts or prevents: (1) the simultaneous communication between a member who is not physically present at the meeting and the governing body; or (2) a member of the public who is not present at the meeting from attending and observing the meeting; does not prevent the governing body from conducting the meeting or affect the validity of an action taken by the governing body at the meeting if the sum of the governing body members physically present at the meeting and the governing body members participating by electronic communication without technological failure satisfy the quorum and (if a final action is taken) the voting requirements of the governing body. (d) The governing body shall adopt a written policy establishing the procedures that apply to a member's participation in a meeting by an electronic means of communication. The governing body may establish procedures that are more restrictive than the procedures established by this section. The policy adopted under this section may include: (1) limiting the number of members who may participate by electronic communication in any one (1) meeting; (2) limiting the total number of meetings that the governing body may conduct in a calendar year by electronic communication; and (3) requiring a member, except in the case of a meeting called to deal with an emergency under section 5(d) of this chapter, who plans to attend a meeting by any electronic means of communication to notify the presiding officer within a certain period of time before the meeting, as specified by the governing body, so that arrangements may be made for the member's participation by electronic communication. (e) The memoranda prepared under section 4 of this chapter for a meeting in which a member participates by an electronic means of communication must: (1) state the name of each member of the governing body who: (A) was physically present at the place where the meeting was conducted; (B) participated in the meeting by using any electronic means of communication; and (C) was absent; and (2) identify the electronic means of communication by which: (A) members of the governing body participated in the meeting; and (B) the public attended and observed the meeting, if the meeting was not held in executive session. (f) All votes taken during a meeting under this section must be taken by roll call vote. (g) At least fifty percent (50%) of the members of the governing body must be physically present at a meeting. (h) A member of the governing body may not attend more than fifty percent (50%) of the governing body's meetings in a calendar year by means of electronic communication, unless the member's electronic participation is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. (i) A member of a governing body may not participate in a meeting of the governing body by electronic communication if the governing body is attempting to take final action to: (1) adopt a budget; (2) make a reduction in personnel; (3) initiate a referendum; (4) establish or increase a fee; (5) establish or increase a penalty; (6) use the governing body's eminent domain authority; or (7) establish, raise, or renew a tax. (j) A governing body may not prohibit a member of the governing body from attending consecutive meetings by electronic communication. A member may attend two (2) consecutive meetings (a set of meetings) by electronic communication. A member shall physically attend at least one (1) meeting between sets of meetings that the member attends by electronic communication, unless the member's absence is due to: (1) military service; (2) illness or other medical condition; (3) death of a relative; or (4) an emergency involving actual or threatened injury to persons or property. As added by P.L.134-2012, SEC.11. Amended by P.L.154-2016, SEC.1; P.L.88-2021, SEC.5; P.L.107-2021, SEC.1; P.L.137-2021, SEC.22.

Ind. Code § 5-14-1.5-3.6 Electronic communications by certain governing bodies

Sec. 3.6. (a) This section applies only to a governing body of the following: (1) A charter school. (2) A public agency of the state, including a body corporate and politic established as an instrumentality of the state. (3) An airport authority or a department of aviation under IC 8-22. (4) A conservancy district under IC 14-33. (b) A member of a governing body who is not physically present at a meeting of the governing body may participate in a meeting of the governing body by electronic communication only if the member uses a means of communication that permits: (1) the member; (2) all other members participating in the meeting; (3) all members of the public physically present at the place where the meeting is conducted; and (4) if the meeting is conducted under a policy adopted under subsection (g)(7), all members of the public physically present at a public location at which a member participates by means of electronic communication; to simultaneously communicate with each other during the meeting. (c) The governing body must fulfill both of the following requirements for a member of the governing body to participate in a meeting by electronic communication: (1) This subdivision does not apply to committees appointed by a board of trustees of a state educational institution, by the commission for higher education, by the board of the Indiana economic development corporation, or by the board of directors of the Indiana secondary market for education loans, as established, incorporated, and designated under IC 21-16-5-1. This subdivision does not apply to a governing body if at least fifty-one percent (51%) of the governing body membership consists of individuals with a disability (as described in IC 12-12-8-3.4) or individuals with a significant disability (as described in IC 12-12-8-3.6), or both. The minimum number of members who must be physically present at the place where the meeting is conducted must be the greater of: (A) two (2) of the members; or (B) one-third (1/3) of the members. (2) All votes of the governing body during the electronic meeting must be taken by roll call vote. Nothing in this section affects the public's right under this chapter to attend a meeting of the governing body at the place where the meeting is conducted and the minimum number of members is physically present as provided for in subdivision (1). (d) Each member of the governing body is required to physically attend at least one (1) meeting of the governing body annually. This subsection does not apply to a governing body if at least fifty-one percent (51%) of the governing body membership consists of individuals with a disability (as described in IC 12-12-8-3.4) or individuals with a significant disability (as described in IC 12-12-8-3.6), or both. (e) Unless a policy adopted by a governing body under subsection (g) provides otherwise, a member who participates in a meeting by electronic communication: (1) is considered to be present at the meeting; (2) shall be counted for purposes of establishing a quorum; and (3) may vote at the meeting. (f) A governing body may not conduct meetings using a means of electronic communication until the governing body: (1) meets all requirements of this chapter; and (2) by a favorable vote of a majority of the members of the governing body, adopts a policy under subsection (g) governing participation in meetings of the governing body by electronic communication. (g) A policy adopted by a governing body to govern participation in the governing body's meetings by electronic communication may do any of the following: (1) Require a member to request authorization to participate in a meeting of the governing body by electronic communication within a certain number of days before the meeting to allow for arrangements to be made for the member's participation by electronic communication. (2) Subject to subsection (e), limit the number of members who may participate in any one (1) meeting by electronic communication. (3) Limit the total number of meetings that the governing body may conduct in a calendar year by electronic communication. (4) Limit the number of meetings in a calendar year in which any one (1) member of the governing body may participate by electronic communication. (5) Provide that a member who participates in a meeting by electronic communication may not cast the deciding vote on any official action. For purposes of this subdivision, a member casts the deciding vote on an official action if, regardless of the order in which the votes are cast: (A) the member votes with the majority; and (B) the official action is adopted or defeated by one (1) vote. (6) Require a member participating in a meeting by electronic communication to confirm in writing the votes cast by the member during the meeting within a certain number of days after the date of the meeting. (7) Provide that in addition to the location where a meeting is conducted, the public may also attend some or all meetings of the governing body, excluding executive sessions, at a public place or public places at which a member is physically present and participates by electronic communication. If the governing body's policy includes this provision, a meeting notice must provide the following information: (A) The identity of each member who will be physically present at a public place and participate in the meeting by electronic communication. (B) The address and telephone number of each public place where a member will be physically present and participate by electronic communication. (C) Unless the meeting is an executive session, a statement that a location described in clause (B) will be open and accessible to the public. (8) Require at least a quorum of members to be physically present at the location where the meeting is conducted. (9) Provide that a member participating by electronic communication may vote on official action only if, subject to subsection (e), a specified number of members: (A) are physically present at the location where the meeting is conducted; and (B) concur in the official action. (10) Establish any other procedures, limitations, or conditions that govern participation in meetings of the governing body by electronic communication and are not in conflict with this chapter. (h) The policy adopted by the governing body must be posted on the website of the governing body, the charter school, the airport, the conservancy district, or the public agency. (i) Nothing in this section affects a public agency's or charter school's right to exclude the public from an executive session in which a member participates by electronic communication. As added by P.L.134-2012, SEC.12. Amended by P.L.62-2013, SEC.1; P.L.132-2013, SEC.1; P.L.280-2013, SEC.4; P.L.30-2015, SEC.1; P.L.154-2016, SEC.2; P.L.237-2017, SEC.13; P.L.88-2021, SEC.6; P.L.107-2021, SEC.2; P.L.137-2021, SEC.23; P.L.124-2022, SEC.4; P.L.1-2025, SEC.51.

Ind. Code § 5-14-1.5-3.7 Electronic meetings during disaster emergency

Sec. 3.7. (a) As used in this section, "disaster emergency" means: (1) a disaster emergency declared by the governor under IC 10-14-3-12; or (2) a local disaster emergency declared by the executive (as defined in IC 36-1-2-5) of a political subdivision under IC 10-14-3-29. (b) Notwithstanding section 3.5 or 3.6 of this chapter, if a disaster emergency is in effect for all or part of the area within the governing body's jurisdiction, the members of a governing body are not required to be physically present at a meeting: (1) if meeting in person would present an imminent risk to the health or safety of the members of the public and the governing body who attend the meeting because of the particular danger, threat, or emergency conditions that are the basis for the declaration of the disaster emergency; and (2) if the members are of the governing body of a school corporation or charter school, one (1) or more schools within the jurisdiction of the governing body of the school corporation or the charter school are closed at the time of the meeting because of the particular danger, threat, or emergency conditions that are the basis for the declaration of the disaster emergency. (c) The members of a governing body may meet by any means of electronic communication, if the following are satisfied: (1) At least a quorum of the members of the governing body participate in the meeting by means of electronic communication or in person. (2) The public is able to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session. (d) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must: (1) state the name of each member of the governing body who: (A) participated in the meeting by using any electronic means of communication; and (B) was absent; and (2) identify the electronic means of communication by which: (A) members of the governing body participated in the meeting; and (B) the public attended and observed the meeting, if the meeting was not held in executive session. (e) All votes taken during a meeting under this section must be taken by roll call vote. As added by P.L.88-2021, SEC.7. Amended by P.L.116-2022, SEC.2; P.L.124-2022, SEC.5.

Ind. Code § 5-14-1.5-3.8 Electronic meetings of boards regulating health care

Sec. 3.8. (a) As used in this section, "board" means a board that regulates a health care provider or a regulated professional under IC 25. (b) Except as provided in subsection (c), a board may participate in a meeting by any electronic means of communication that does the following: (1) Allows all participating members of the board to simultaneously communicate with each other. (2) Allows an individual subject to a hearing on the individual's license to simultaneously communicate with the board. (3) Allows the public to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session. A member of a board who participates in a meeting by an electronic means of communication is considered present for purposes of establishing a quorum and taking official action. (c) A board shall meet physically in person at least one (1) time per calendar year. (d) A technological failure in an electronic means of communication that disrupts or prevents: (1) the simultaneous communication between a member who is not physically present at the meeting of a board; or (2) a member of the public who is not present at the meeting from attending and observing the meeting; does not prevent the board from conducting the meeting or affect the validity of an official action taken by members of the board at the meeting if the total number of the board members participating in the meeting, whether electronically or physically, satisfy the quorum requirements, and if official action is taken, the voting requirements of the board are met. Final action may not be taken on an individual's license if a technological failure in an electronic means of communication disrupts or prevents the individual who is subject to the hearing on the individual's license from simultaneously communicating with the board. (e) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must: (1) state the name of each member of the board who: (A) participated in the meeting by using any electronic means of communication; or (B) was absent; and (2) identify the electronic means of communication used by: (A) members of the board to participate in the meeting; (B) an individual, who was subject to a hearing on the individual's license, to participate in the meeting; and (C) if the meeting was not held in executive session, the public to attend and observe the meeting. (f) All votes taken during a meeting under this section must be taken by roll call vote. As added by P.L.148-2023, SEC.1.

Ind. Code § 5-14-1.5-4 Posting agenda; memoranda of meetings; public inspection of minutes

Sec. 4. (a) A governing body of a public agency utilizing an agenda shall post a copy of the agenda at the entrance to the location of the meeting prior to the meeting. A rule, regulation, ordinance, or other final action adopted by reference to agenda number or item alone is void. (b) As the meeting progresses, the following memoranda shall be kept: (1) The date, time, and place of the meeting. (2) The members of the governing body recorded as either present or absent. (3) The general substance of all matters proposed, discussed, or decided. (4) A record of all votes taken by individual members if there is a roll call. (5) Any additional information required under section 3.5 or 3.6 of this chapter or any other statute that authorizes a governing body to conduct a meeting using an electronic means of communication. (c) The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the governing body's proceedings. The minutes, if any, are to be open for public inspection and copying. As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988, SEC.7; P.L.76-1995, SEC.1; P.L.2-2007, SEC.99; P.L.134-2012, SEC.13.

Ind. Code § 5-14-1.5-5 Public notice of meetings

Sec. 5. (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 (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not apply to reconvened meetings (not including executive sessions) where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the memoranda and minutes thereof, and there is no change in the agenda. (b) Public notice shall be given by the governing body of a public agency as follows: (1) The governing body of a public agency shall give public notice by 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. (2) The governing body of a public agency shall give public notice by delivering notice to all news media which deliver an annual written request for the notices not later than December 31 for the next succeeding calendar year to the governing body of the public agency. The governing body shall give notice by one (1) of the following methods, which shall be determined by the governing body: (A) Depositing the notice in the United States mail with postage prepaid. (B) Transmitting the notice by electronic mail, if the public agency has the capacity to transmit electronic mail. (C) Transmitting the notice by facsimile (fax). (3) This subdivision applies only to the governing body of a public agency of a political subdivision described in section 2(a)(2), 2(a)(4), or 2(a)(5) of this chapter that adopts a policy to provide notice under this subdivision. Notice under this subdivision is in addition to providing notice under subdivisions (1) and (2). If the governing body adopts a policy under this subdivision, the governing body of a public agency shall give public notice by delivering notice to any person (other than news media) who delivers to the governing body of the public agency an annual written request for the notices not later than December 31 for the next succeeding calendar year. The governing body shall give notice by one (1) of the following methods, which shall be determined by the governing body: (A) Transmitting the notice by electronic mail, if the public agency has the capacity to send electronic mail. (B) Publishing the notice on the public agency's website at least forty-eight (48) hours in advance of the meeting, if the public agency has a website. A court may not declare void any policy, decision, or final action under section 7 of this chapter based on a failure to give a person notice under subdivision (3) if the public agency made a good faith effort to comply with subdivision (3). If a governing body comes into existence after December 31, it shall comply with this subsection upon receipt of a written request for notice. In addition, a state agency (as defined in IC 4-13-1-1) shall provide electronic access to the notice through the computer gateway administered by the office of technology established by IC 4-13.1-2-1. (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. (d) If a meeting is called to deal with an emergency involving actual or threatened injury to person or property, or actual or threatened disruption of the governmental activity under the jurisdiction of the public agency by any event, then the time requirements of notice under this section shall not apply, but: (1) news media which have requested notice of meetings under subsection (b)(2) must be given the same notice as is given to the members of the governing body; and (2) the public must be notified by posting a copy of the notice according to subsection (b)(1). (e) This section shall not apply where notice by publication is required by statute, ordinance, rule, or regulation. (f) This section shall not apply to the following: (1) The department of local government finance, the Indiana board of tax review, or any other governing body which meets in continuous session, except that this section applies to meetings of these governing bodies which are required by or held pursuant to statute, ordinance, rule, or regulation. (2) The executive of a county or the legislative body of a town if the meetings are held solely to carry out the administrative functions related to the county executive or town legislative body's executive powers. "Administrative functions" means only routine activities that are reasonably related to the everyday internal management of the county or town, including conferring with, receiving information from, and making recommendations to staff members and other county or town officials or employees. "Administrative functions" does not include: (A) taking final action on public business; (B) the exercise of legislative powers; or (C) awarding of or entering into contracts, or any other action creating an obligation or otherwise binding the county or town. (g) This section does not apply to the general assembly. (h) Notice has not been given in accordance with this section if a governing body of a public agency convenes a meeting at a time so unreasonably departing from the time stated in its public notice that the public is misled or substantially deprived of the opportunity to attend, observe, and record the meeting. As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.2; P.L.67-1987, SEC.3; P.L.8-1989, SEC.22; P.L.3-1989, SEC.29; P.L.46-1990, SEC.1; P.L.251-1999, SEC.4; P.L.90-2002, SEC.17; P.L.200-2003, SEC.1; P.L.177-2005, SEC.14; P.L.134-2012, SEC.14; P.L.171-2018, SEC.1; P.L.10-2019, SEC.32; P.L.1-2025, SEC.52.

Ind. Code § 5-14-1.5-6 Repealed

As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.3; P.L.33-1984, SEC.2; P.L.67-1987, SEC.4; P.L.20-1988, SEC.11; P.L.11-1990, SEC.110; P.L.46-1990, SEC.4. Repealed by P.L.1-1991, SEC.36 and P.L.10-1991, SEC.10.

Ind. Code § 5-14-1.5-6.1 Executive sessions

Sec. 6.1. (a) As used in this section, "public official" means a person: (1) who is a member of a governing body of a public agency; or (2) whose tenure and compensation are fixed by law and who executes an oath. (b) Executive sessions may be held only in the following instances: (1) Where authorized by federal or state statute. (2) For discussion of strategy with respect to any of the following: (A) Collective bargaining, which does not include a discussion or meeting under IC 20-29-6-7. (B) Initiation of litigation or litigation that is either pending or has been threatened specifically in writing. As used in this clause, "litigation" includes any judicial action or administrative law proceeding under federal or state law. (C) The implementation of security systems. (D) A real property transaction including: (i) a purchase; (ii) a lease as lessor; (iii) a lease as lessee; (iv) a transfer; (v) an exchange; or (vi) a sale; by the governing body up to the time a contract or option is executed by the parties. This clause does not affect a political subdivision's duty to comply with any other statute that governs the conduct of the real property transaction, including IC 36-1-10 or IC 36-1-11. (E) School consolidation. However, all such strategy discussions must be necessary for competitive or bargaining reasons and may not include competitive or bargaining adversaries. (3) For discussion of the assessment, design, and implementation of school safety and security measures, plans, and systems. (4) Interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects by: (A) the Indiana economic development corporation; (B) the office of tourism development (before July 1, 2020) or the Indiana destination development corporation (after June 30, 2020); (C) the Indiana finance authority; (D) the ports of Indiana; (E) an economic development commission; (F) the Indiana state department of agriculture; (G) the Indiana White River state park development commission; (H) a local economic development organization that is a nonprofit corporation established under state law whose primary purpose is the promotion of industrial or business development in Indiana, the retention or expansion of Indiana businesses, or the development of entrepreneurial activities in Indiana; or (I) a governing body of a political subdivision. However, this subdivision does not apply to any discussions regarding research that is prohibited under IC 16-34.5-1-2 or under any other law. (5) To receive information about and interview prospective employees. (6) With respect to any individual over whom the governing body has jurisdiction: (A) to receive information concerning the individual's alleged misconduct; and (B) to discuss, before a determination, the individual's status as an employee, a student, or an independent contractor who is: (i) a physician; or (ii) a school bus driver. (7) For discussion of records classified as confidential by state or federal statute. (8) To discuss before a placement decision an individual student's abilities, past performance, behavior, and needs. (9) To discuss a job performance evaluation, employee specific compensation, or employment matters of individual employees. This subdivision does not apply to a general discussion of the salary, compensation, or benefits of employees during a budget process. (10) When considering the appointment of a public official, to do the following: (A) Develop a list of prospective appointees. (B) Consider applications. (C) Make one (1) initial exclusion of prospective appointees from further consideration. Notwithstanding IC 5-14-3-4(b)(12), a governing body may release and shall make available for inspection and copying in accordance with IC 5-14-3-3 identifying information concerning prospective appointees not initially excluded from further consideration. An initial exclusion of prospective appointees from further consideration may not reduce the number of prospective appointees to fewer than three (3) unless there are fewer than three (3) prospective appointees. Interviews of prospective appointees must be conducted at a meeting that is open to the public. (11) To train school board members with an outside consultant about the performance of the role of the members as public officials. (12) To prepare or score examinations used in issuing licenses, certificates, permits, or registrations under IC 25. (13) To discuss information and intelligence intended to prevent, mitigate, or respond to the threat of terrorism. (14) To train members of a board of aviation commissioners appointed under IC 8-22-2 or members of an airport authority board appointed under IC 8-22-3 with an outside consultant about the performance of the role of the members as public officials. A board may hold not more than one (1) executive session per calendar year under this subdivision. (15) For discussion by the governing body of a state educational institution of: (A) the assessment of; or (B) negotiation with another entity concerning; the establishment of a collaborative relationship or venture to advance the research, engagement, or education mission of the state educational institution. However, this subdivision does not apply to any discussions regarding research that is prohibited under IC 16-34.5-1-2 or under any other law. (16) To discuss either of the following: (A) Employee health care options with respect to special exceptions for coverage. (B) Employee handbook changes. (17) To review negotiations on the performance of publicly bid contracts when public knowledge regarding the review would cause a likelihood of increased costs. (18) To discuss soliciting proposals for the purpose of awarding contracts for goods or services, when: (A) proprietary data, trade secrets, or other information is contained in the bidder's proposal relating to the bidder's unique methods of: (i) conducting business; or (ii) determining prices or premium rates to be charged for services under the terms of the proposal; and (B) public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of the information described in clause (A). (19) To have communications with an attorney that are subject to the attorney client privilege. (c) A final action must be taken at a meeting open to the public. (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. (e) A governing body may not conduct an executive session during a meeting, except as otherwise permitted by applicable statute. A meeting may not be recessed and reconvened with the intent of circumventing this subsection. As added by P.L.1-1991, SEC.37 and P.L.10-1991, SEC.8. Amended by P.L.48-1991, SEC.1; P.L.37-2000, SEC.1; P.L.200-2003, SEC.2; P.L.4-2005, SEC.28; P.L.229-2005, SEC.2; P.L.235-2005, SEC.84; P.L.101-2006, SEC.3; P.L.179-2007, SEC.5; P.L.2-2008, SEC.20; P.L.98-2008, SEC.3; P.L.120-2008, SEC.1; P.L.139-2011, SEC.1; P.L.24-2012, SEC.1; P.L.103-2013, SEC.2; P.L.145-2016, SEC.2; P.L.197-2017, SEC.2; P.L.78-2019, SEC.2; P.L.164-2019, SEC.1; P.L.197-2021, SEC.1; P.L.200-2023, SEC.1; P.L.158-2025, SEC.1; P.L.181-2025, SEC.1; P.L.186-2025, SEC.280.

Ind. Code § 5-14-1.5-6.5 Collective bargaining meetings; applicable requirements

Sec. 6.5. (a) Whenever a governing body, or any person authorized to act for a governing body, meets with an employee organization, or any person authorized to act for an employee organization, for the purpose of collective bargaining or discussion, the following apply: (1) Any party may inform the public of the status of collective bargaining or discussion as it progresses by release of factual information and expression of opinion based upon factual information. (2) If a mediator is appointed, any report the mediator may file at the conclusion of mediation is a public record open to public inspection. (3) If a factfinder is appointed, any hearings the factfinder holds must be open at all times for the purpose of permitting members of the public to observe and record them. Any findings and recommendations the factfinder makes are public records open to public inspection as provided by any applicable statute relating to factfinding in connection with public collective bargaining. (b) This section supplements and does not limit any other provision of this chapter. As added by Acts 1979, P.L.39, SEC.4. Amended by P.L.67-1987, SEC.5; P.L.1-2005, SEC.80; P.L.48-2011, SEC.1.

Ind. Code § 5-14-1.5-7 Violations; remedies; limitations; costs and fees

Sec. 7. (a) An action may be filed by any person in any court of competent jurisdiction to: (1) obtain a declaratory judgment; (2) enjoin continuing, threatened, or future violations of this chapter; or (3) declare void any policy, decision, or final action: (A) taken at an executive session in violation of section 3(a) of this chapter; (B) taken at any meeting of which notice is not given in accordance with section 5 of this chapter; (C) that is based in whole or in part upon official action taken at any: (i) executive session in violation of section 3(a) of this chapter; (ii) meeting of which notice is not given in accordance with section 5 of this chapter; or (iii) series of gatherings in violation of section 3.1 of this chapter; or (D) taken at a meeting held in a location in violation of section 8 of this chapter. The plaintiff need not allege or prove special damage different from that suffered by the public at large. (b) Regardless of whether a formal complaint or an informal inquiry is pending before the public access counselor, any action to declare any policy, decision, or final action of a governing body void, or to enter an injunction which would invalidate any policy, decision, or final action of a governing body, based on violation of this chapter occurring before the action is commenced, shall be commenced: (1) prior to the delivery of any warrants, notes, bonds, or obligations if the relief sought would have the effect, if granted, of invalidating the notes, bonds, or obligations; or (2) with respect to any other subject matter, within thirty (30) days of either: (A) the date of the act or failure to act complained of; or (B) the date that the plaintiff knew or should have known that the act or failure to act complained of had occurred; whichever is later. If the challenged policy, decision, or final action is recorded in the memoranda or minutes of a governing body, a plaintiff is considered to have known that the act or failure to act complained of had occurred not later than the date that the memoranda or minutes are first available for public inspection. (c) If a court finds that a governing body of a public agency has violated this chapter, it may not find that the violation was cured by the governing body by only having taken final action at a meeting that complies with this chapter. (d) In determining whether to declare any policy, decision, or final action void, a court shall consider the following factors among other relevant factors: (1) The extent to which the violation: (A) affected the substance of the policy, decision, or final action; (B) denied or impaired access to any meetings that the public had a right to observe and record; and (C) prevented or impaired public knowledge or understanding of the public's business. (2) Whether voiding of the policy, decision, or final action is a necessary prerequisite to a substantial reconsideration of the subject matter. (3) Whether the public interest will be served by voiding the policy, decision, or final action by determining which of the following factors outweighs the other: (A) The remedial benefits gained by effectuating the public policy of the state declared in section 1 of this chapter. (B) The prejudice likely to accrue to the public if the policy, decision, or final action is voided, including the extent to which persons have relied upon the validity of the challenged action and the effect declaring the challenged action void would have on them. (4) Whether the defendant acted in compliance with an informal inquiry response or advisory opinion issued by the public access counselor concerning the violation. (e) If a court declares a policy, decision, or final action of a governing body of a public agency void, the court may enjoin the governing body from subsequently acting upon the subject matter of the voided act until it has been given substantial reconsideration at a meeting or meetings that comply with this chapter. (f) In any action filed under this section, a court shall award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the prevailing party if: (1) the plaintiff prevails; or (2) the defendant prevails and the court finds that the action is frivolous and vexatious. The plaintiff is not eligible for the awarding of attorney's fees, court costs, and other reasonable expenses if the plaintiff filed the action without first seeking and receiving an informal inquiry response or advisory opinion from the public access counselor, unless the plaintiff can show the filing of the action was necessary to prevent a violation of this chapter. (g) A court may assess a civil penalty under section 7.5 of this chapter only if the plaintiff obtained an advisory opinion from the public access counselor before filing an action under this section as set forth in section 7.5 of this chapter. (h) A court shall expedite the hearing of an action filed under this section. As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.5; P.L.67-1987, SEC.6; P.L.38-1992, SEC.1; P.L.70-1999, SEC.1 and P.L.191-1999, SEC.1; P.L.179-2007, SEC.6; P.L.134-2012, SEC.15.

Ind. Code § 5-14-1.5-7.5 Civil penalties imposed on public agency, officer, or management level employee

Sec. 7.5. (a) This section applies only to an individual who is: (1) an officer of a public agency; or (2) employed in a management level position with a public agency. (b) If an individual with the specific intent to violate the law fails to perform a duty imposed on the individual under this chapter by: (1) failing to give proper notice of a regular meeting, special meeting, or executive session; (2) taking final action outside a regular meeting or special meeting; (3) participating in a secret ballot during a meeting; (4) discussing in an executive session subjects not eligible for discussion in an executive session; (5) failing to prepare a memorandum of a meeting as required by section 4 of this chapter; or (6) participating in at least one (1) gathering of a series of gatherings under section 3.1 of this chapter; the individual and the public agency are subject to a civil penalty under subsection (f). (c) A civil penalty may only be imposed as part of an action filed under section 7 of this chapter. A court may not impose a civil penalty under this section unless the public access counselor has issued an advisory opinion: (1) to the complainant and the public agency; (2) that finds that the individual or public agency violated this chapter; and (3) before the action under section 7 of this chapter is filed. Nothing in this section prevents both the complainant and the public agency from requesting an advisory opinion from the public access counselor. (d) It is a defense to the imposition of a civil penalty under this section that the individual failed to perform a duty under subsection (b) in reliance on either of the following: (1) An opinion of the public agency's legal counsel. (2) An opinion of the attorney general. (e) Except as provided in subsection (i), in an action filed under section 7 of this chapter, a court may impose a civil penalty against one (1) or more of the following: (1) The individual named as a defendant in the action. (2) The public agency named as a defendant in the action. (f) The court may impose against each defendant listed in subsection (c) the following civil penalties: (1) Not more than one hundred dollars ($100) for the first violation. (2) Not more than five hundred dollars ($500) for each additional violation. A civil penalty imposed under this section is in addition to any other civil or criminal penalty imposed. However, in any one (1) action brought under section 7 of this chapter, a court may impose only one (1) civil penalty against an individual, even if the court finds that the individual committed multiple violations. This subsection does not preclude a court from imposing another civil penalty against an individual in a separate action, but an individual may not be assessed more than one (1) civil penalty in any one (1) action brought under this section. (g) A court shall distribute monthly to the state comptroller any penalties collected under this section for deposit in the education fund established by IC 5-14-4-14. (h) An individual is personally liable for a civil penalty imposed on the individual under this section. A civil penalty imposed against a public agency under this section shall be paid from the public agency's budget. (i) If an officer of a public agency directs an individual who is employed in a management level position to fail to give proper notice as described in subsection (b)(1), the management level employee is not subject to civil penalties under subsection (f). As added by P.L.134-2012, SEC.16. Amended by P.L.9-2024, SEC.145.

Ind. Code § 5-14-1.5-8 Accessibility to individuals with disabilities

Sec. 8. (a) This section applies only to the following public agencies: (1) A public agency described in section 2(a)(1) of this chapter. (2) A public agency: (A) described in section 2(a)(5) of this chapter; and (B) created to advise the governing body of a public agency described in section 2(a)(1) of this chapter. (b) As used in this section, "accessible" means the design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (41 C.F.R. 101-19.6, App. A (1991)) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)). (c) As used in this section, "individual with a disability" means an individual who has a temporary or permanent physical disability. (d) A public agency may not hold a meeting at a location that is not accessible to an individual with a disability. As added by P.L.38-1992, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026

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