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Ind. Code § 5-14-1.5-3

Open meetings; secret ballot votes; member participating by electronic means of communication

Applied in 5 court decisions — leading case Brademas v. South Bend Community School Corp. (2003)

Most recently applied in Risha D. Warren v. Board of School Trustees of the Springs Valley Community School Corporation (December 2015)

As added by Acts 1977, P.L.57, SEC.1

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.