Comments on Advance Indiana™: Ivy Tech's Board Broke Open Door Law

Why then is it so difficult for a legal practicion...

2007-04-06T17:40:00.000-05:00

Why then is it so difficult for a legal practicioner to step up and say, on the Open Door issue, "I am not clear on your options here...let me get clearer input from another lawyer" ?

Vanity, ego, testosterone, whatever.

The remedy is another vote, in public.

The sideshow is, that Mitch and his cronies wanted that public education-hater Carol D'Amico to get the job, and she didn't. No tears shed over that, but...

You've got to do it right.

Scriveners!

2007-04-06T15:58:00.000-05:00

Scriveners!

I have often advised entities subject to the open ...

2007-04-06T14:56:00.000-05:00

I have often advised entities subject to the open door and public records statutes. While both the letter and the spirit of the law are clear public bodies constantly resist the clear meaning. However, in this case Mr Smikle advised incorreclty if he permitted a straw vote in the circumstances described. However, since the remedy to the error is immediate; that is, a public vote, the error is nearly meaningless.

What the public really loses is the opportunity to witness the debate and discussion. This is not likely to change in sensitive personnel issues. In fact, over the years the law has been waterd down as it realtes to personnel decisions.

So unless the governng body is willing to take "offical action" in a transparent manner within the spirit of the law, nothing wil change and the public will not be well served.

If, on the other hand, candidates were subjected to having their qualifications openly debated, quality candidates would decline the opportunity. The IU and Purdue search committees have manged to avoid all this controversy with ease.

I knew Dick Cardwell. He was a frind of mine. He well understood voluntary compliance was a steep hill to climb. That's why the preamble reads as it does as well as providing attorneys fees.

As to Smirkel,he may have been a first timer but his firm is not. Ice Miller.

Anon, I'm not familiar with the Board's attorney o...

2007-04-06T08:20:00.000-05:00

Anon, I'm not familiar with the Board's attorney or what his experience in this area is. I would have thought he would have been particularly on his toes, though, given the division within the Board. I wouldn't be surprised if this was the first time the attorney confronted this particular situation.

Gary, you're an attorney...riddle me this:How do s...

2007-04-06T07:39:00.000-05:00

Gary, you're an attorney...riddle me this:

How do so many lawyers get it wrong? Indiana's Open Door law pased in 1976. It was hard-fought then, but it's been around for 30-plus years. The erstwhile counsel for the Hoosier State Press Assoc. at the time, Dick Cardwell, predicted that this kind of nonsense would go on for awhile. but he also predicted attorneys would sooner or later get on board, and in 1 decade or so, all would be well.

Public boards everywhere are given lousy Open Door advice by their lawyers constantly.

Another little known provision of the law, secured by Mr. Cardwell, allows anyone to enter a court of jurisdiction, provide evidence of such polling in executive session, and the resulting action "shall" be declared void.

Of course, nothing prevents the Board from then doing it correctly.

A sad series of events at Ivy Tech. Carol D'Amico's suppporters are still ginning up support.