Evansville Courier v. Willner

553 N.E.2d 1386, 17 Media L. Rep. (BNA) 1966, 1990 Ind. App. LEXIS 598, 1990 WL 65469
CourtIndiana Court of Appeals
DecidedMay 14, 1990
DocketNo. 82A01-8912-CV-506
StatusPublished
Cited by4 cases

This text of 553 N.E.2d 1386 (Evansville Courier v. Willner) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evansville Courier v. Willner, 553 N.E.2d 1386, 17 Media L. Rep. (BNA) 1966, 1990 Ind. App. LEXIS 598, 1990 WL 65469 (Ind. Ct. App. 1990).

Opinion

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

The Evansville Courier (Courier) appeals the judgment for Robert Willner (Willner), [1387]*1387Richard Borries (Borries), and Carolyn McClintock (McClintock), in their capacities as Commissioners of Vanderburgh County, and for the County Commission of Vander-burgh County (Commission) in Courier’s action seeking, because of an alleged violation of the Indiana Open Door Law1, to invalidate the Commission’s employment of Jerry Riney (Riney) as Administrative Assistant and Superintendent of County Buildings (Superintendent). We reverse and remand.

FACTS

In December 1988, the Commission was composed of incumbent Democrats Willner and Borries, and Shirley Cox (Cox), a Republican. Cox’s term was to expire December 31, 1988. During the 1988 General Election, McClintock, a Republican, opposed Democrat Riney for Cox’s position and won.

It was clear on the night of the 1988 General Election that the person serving as Superintendent had won another position and that the Superintendent position would be vacant effective January 1, 1989. The Superintendent position is appointive and is controlled by the members of the Commission, since the appointee also serves as the Administrative Assistant to the Commission. Willner and Borries, present at Democratic Party Election Headquarters on that evening, discussed the potential appointment of Riney as Superintendent. During the succeeding weeks, Willner and Borries several times discussed appointing Riney or other individuals for the position. Also, during that period, Riney spoke separately with Willner and Borries regarding Riney’s interest in the position and his prospects of being appointed.

At some point prior to December 27, 1988, Willner and Borries each separately concluded he could support Riney for the Superintendent’s position. Neither Willner nor Borries consulted either Cox or McClin-tock prior to December 27, 1988, regarding who Willner and Borries were considering for the position. No Commission executive session was held to discuss appointees for the position and no notice was given prior to December 27, 1988, by Willner, Borries, or the Commission to the media or the public about making an appointment.

On the morning of December 27, 1988, Borries contacted Riney, told Riney that Riney was the choice of Borries and Will-ner for Superintendent, and asked Riney to come to the commission office for a news conference at 11:30 a.m. At the news conference, in the presence of Willner and Riney, Borries announced Riney would assume the duties of Superintendent effective January 1, 1989.

On the afternoon of December 27, 1988, the regular meeting of the Commission was held. An agenda, indicating the Commissioners’ intention of appointing a Superintendent, was posted prior to the meeting. Borries and Willner attended the meeting. Cox was out of town on vacation, but McClintock attended as a non-voting observer. Borries and Willner constituted a quorum of the Commission. Without having discussed the matter during the meeting and without having taken a roll call vote, Borries announced Riney was the Commissioners’ choice to fill the Superintendent position. Borries also read aloud from a standard employment change form, listing Riney’s appointment, his address, and his salary. Then, Borries and Willner signed the employment change form and gave it to the Secretary of the County Commission to become part of the Commission’s official minutes. Further facts will be provided as necessary to the discussion.

ISSUES

Courier raises three issues which we restate as:

1. Whether the trial court erred by finding the discussions and meetings between Commissioners Willner and Borries, relating to hiring Riney as Superintendent, constituted political caucuses which were exempt from the Indiana Open Door Law.

2. Whether the trial court erred by finding the action taken by Commissioners [1388]*1388Willner and Borries at the regular meeting of the Vanderburgh County Commission on December 27, 1977, constituted appropriate final action curing any violation of the Open Door Law.

DISCUSSION AND DECISION

Issue One

The Courier2 contends the trial court erred in concluding the meetings of and discussions between Willner and Borries, regarding the hiring of Riney as Superintendent, constituted political caucuses which were exempt from Open Door Law provisions. The Courier argues the meetings and discussions prior to December 27, 1988, were deliberations involving official action of a public agency which, therefore, were required to be open to the public or were required to be scheduled in advance as executive sessions with notice given to the public. Because the meetings and discussions were private, the Courier argues they were violations of the Open Door Law.

It is undisputed that the Commission and the Commissioners, Borries, Will-ner, and McClintock, are subject to the Open Door Law. See Finding of Fact 2, Record at 67, and Conclusion of Law 3, Record at 73. Therefore, pursuant to IND. CODE § 5-14-1.5-3, in order to conduct official business, the Commissioners must meet openly unless they are in “executive session”3 pursuant to IND.CODE § 5-14-1.5-6. The Commissioners, however, argue that political caucuses are also an exception to the general rule that public business must be conducted openly.

When it enacted the Open Door Law, our General Assembly expressed its intention that the business of the State of Indiana and its political subdivisions should be conducted openly and be subject to the scrutiny of the general public. Common Council of City of Peru v. Peru Daily (1982), Ind.App., 440 N.E.2d 726, 729. IND.CODE § 5-14-1.5-1. We must liberally construe the statute in order to give effect to the legislature’s intention. Id. Any exceptions to the statute must be strictly construed. Id. Thus, all doubts must be resolved in favor of requiring a public meeting and all exceptions to the rule requiring open meetings must be narrowly construed.

A “meeting” is “a gathering of a majority of the governing body of a public agency for the purpose of taking official action upon public business.” IND.CODE § 5-14-1.5-2(c). “ ‘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.” IND.CODE § 5-14-1.5-2(h). Under IND.CODE § 5-14-1.5—2(c)(4), “meeting” does not include a “caucus”. Keeping in mind our duty to liberally construe the statute and to narrowly construe exceptions to the statute, we reject the Commissioners’ argument that a discussion of public business involving official action by members of a public agency can occur in caucus if the matter at hand has political ramifications. Such an interpretation of the political caucus exemption from the Open Door Law would consume the rule that public business must be conducted openly, since every decision of an elected official has the potential to affect that official’s political career. [1389]*1389Furthermore, such an interpretation would permit members of the political majority to use the caucus exemption to exclude minority party members from deliberations.

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Related

Baker v. Town of Middlebury
753 N.E.2d 67 (Indiana Court of Appeals, 2001)
Indiana State Board of Health v. Journal-Gazette Co.
608 N.E.2d 989 (Indiana Court of Appeals, 1993)
Evansville Courier v. Willner
563 N.E.2d 1269 (Indiana Supreme Court, 1990)

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Bluebook (online)
553 N.E.2d 1386, 17 Media L. Rep. (BNA) 1966, 1990 Ind. App. LEXIS 598, 1990 WL 65469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evansville-courier-v-willner-indctapp-1990.