Holcomb signs measure limiting state's public access counselor

Mark Fitton, The Tribune-Star, Terre Haute, Ind.
·2 min read

Mar. 18—Indiana Gov. Eric Holcomb on Monday signed a controversial measure that critics say will weaken the state's public access counselor and decrease government transparency in the Hoosier state.

House Enrolled Act 1338 gives guidelines to local governments on how to deal with disruptive conduct at public meetings; it won final passage in the House on March 6 on a 58-36 roll call vote.

Within the legislation is an amendment by state Sen. Aaron Freeman, R-Indianapolis, that says the public access counselor, when issuing an advisory opinion, "may consider only the plain text of the public access laws and valid Indiana court opinions."

The same amendment allows a governor to dismiss a public access counselor at the governor's pleasure. The public access counselor's post had been a four-year gubernatorial appointment.

The governor in a news release issued Monday afternoon said, "Today, I signed HEA 1338 to provide local government entities across our state with the ability to better control public meetings when faced with unruly, disruptive and disorderly behavior.

"Concerns raised regarding the provisions affecting the Office of Public Access Counselor were taken into account but ultimately, in my opinion, muted by the fact that judicial review of the office's decisions is left untouched and that the governor retains the ability to appoint the position in the future."

Critics had cried foul over the legislation, saying the counselor's post can become politicized if the counselor can be dismissed at any moment.

Further, they contend statute and existing state case law do not always provide proper depth and context, and they say limiting the access counselor's ability to cite other sources — for example, a law dictionary — needlessly binds the counselor.

Opponents also panned the way the language became legislation — slipped into a popular bill as an amendment late in the session and not getting a full legislative-process airing.

The Hoosier State Press Association, for instance, supported the original bill even though it opposed the amendment. "The process was not the cleanest, the most democratic, by any means," HSPA executive director/general counsel Ameila McClure said.

Contact Mark Fitton at 812-231-4333 or mark.fitton@tribstar.com.