When I began writing about the House Bill (HB) 1338, containing provisions basically gutting the Indiana Public Access Counselor, I had no idea whether there were others sharing my view. Based on the number of people reading my stories, and comments from other media outlets, there are others with the same opinion.
The latest came in the March 8 print edition of the Indianapolis Business Journal (IBJ). The IBJ Editorial on Page 14A was written before the General Assembly gave final approval for HB 1338.
Based on the assumption lawmakers would pass the measure and send it to Governor Eric Holcomb’s desk, the IBJ editorial staff wrote the following – “…we call on Gov. Eric Holcomb to veto (HB 1338) – not for journalists but for the public who deserves access to government.”
The IBJ editorial points out that, yes, journalists have used the Public Access Counselor’s office for advisory opinions, but others in the public realm have also used the office for advisory guidance. The Public Access Counselor, Luke Britt, and his small staff are considered the experts on Indiana public access law.
Once again, if you agree with IBJ, Indiana Capital Chronicle’s Nike Kelly and myself, I would urge you to e-mail or call Governor Holcomb’s office and ask him to veto HB 1338. As to how, use this link.
You can read the entire IBJ editorial at this link. (You may not need an IBJ subscription to access this editorial)
The Chief of Police for the City of Fishers, Ed Gebhart, issued a letter to the community Saturday about a gathering of motorists last Sunday involving about 300 vehicles and a number of reported law violations.
The Chief says reports of business parking lots filling-up with cars led to calls into his department about speeding, noise, trash, loitering and businesses being blocked along 116th Street Sunday.
When a group that size gathers, cities such as Fishers require a permit for such a situation. It appears this group sought no such permit.
Fishers Police are working with businesses along 116th Street impacted by this, and will post “no trespassing or loitering” signs for any Fishers business requesting the sign. “We will aggressively enforce any violated ordinances or state laws, including these signs,” wrote Gebhart in his letter.
In his letter’s conclusion, Chief Gebhart says “people who do not obey the law by driving erratically, speeding, racing, creating loud noise, littering, loitering, vandalizing, bothering businesses, and breaking other laws are not welcome in our city.”
The Chief encourages working together to “discourage such behavior.”
The Fishers Police Department (FPD) is doing something I do not recall the department every doing before – trying to stop false rumors that begin spreading around the community.
FPD posted a statement on its social media accounts regarding rumors going around Fishers about a reported attempted child abduction at the Fishers Target last weekend. After investigating these reports, no evidence of an attempted abduction was found.
“On Sunday, March 3rd, (FPD) received a report from a citizen who said a woman pulled on her passenger side door handle after she loaded her child in the car,” per the FPD social media post. Detectives reviewed surveillance video and found no evidence anyone was being followed in the store “and it didn’t seem they were there to harm children.”
Police say they located and spoke with the people involved, and “it appears the two women mistook this vehicle for their own. However, evidence suggests the subjects belong to a group traveling the U.S., begging and committing thefts/frauds.”
Authorities say there is no indication this group has ever attempted to abduct anyone.
The FPD post ends with the following statement:
“As always, stay diligent; if you see something, say something. Be cautious of anyone asking or begging for money.”
It is essential to be vigilant and not give money to anyone you don’t know. If you feel threatened or see suspicious activity, it’s always better to report it to the authorities. The Fishers Police Department has resources to assist those legitimately in need.”
The Fishers Police Department is just beginning its “Rumor Control.” It is always good to stomp out rumors and present the facts.
I have been writing lately about my concerns concerning HB 1338, a measure that would essentially gut the Indiana Public Access Counselor. I have urged readers agreeing with me to call or e-mail Governor Holcomb and urge a veto of this bill (for more information use this link.
Now, Niki Kelly of the Indiana Capitol Chronicle has added her voice to the criticism of this legislation. You can read her commentary at this link
After the posting of my piece urging readers of this blog to contact Governor Eric Holcomb’s office, asking that he veto HB 1338, many have commented on how gubernatorial vetoes work under the Indiana constitution.
In many states, and under our federal constitution, a veto of legislation passed by a state legislature or the U.S. Congress requires a larger majority in each house to override that veto. Indiana, and a few other states, have a different system.
Let’s say Governor Holcomb decides to veto HB 1338. It would take a simple majority vote by both houses of the General Assembly to override that veto. In other words, even if all state legislators just voted as they did the first time, the veto would be overridden and HB 1338 would become law.
I know all that. I would point out that the provisions in HB 1338 weakening the Public Access Counselor’s office were slipped into the bill as a committee amendment in the waning days of the session. There was very little notice to the public this was happening.
If Governor Holcomb vetoes this bill due to public pressure, members of the legislature would be less likely to override the veto. No guarantee, but a possible outcome if the public responds.
I believe it is worth the risk to urge the governor to veto this legislation. If that happens, the second phase would be to let members of the General Assembly know where the public stands on this issue.
Also, State Representative Victoria Garcia Wilburn, (D-Fishers), voted against HB 1338. Here is her statement as to why:
“Sunshine, transparency and open access all make for healthy government, and right now, we have proof that our current processes work. Last summer, several Hamilton East Public Library board members were accused of violating the Open Door Law. When this happened, I had full confidence in the public access counselor to evaluate whether the majority of a HEPL board subcommittee convening at a coffee shop was a violation of the transparency statute. In the end they were found to have violated the statute, but public confidence was restored because the public knew there were enforced standards to maintain government transparency. This bill will erode that confidence. Once again, the Indiana General Assembly is overstepping into local matters that are already being handled appropriately.
“I voted against House Bill 1338 because all Hoosiers benefit when we have someone looking out for the public’s best interest without having to worry about blowback or retaliation for opinions issued in good faith.”
I believe Representative Garcia Wilburn is correct.
Once again, if you agree that HB 1338 is bad law, contact Governor Eric Holcomb (information at this link) and urge him to veto HB 1338.
When I learned Fishers Fire & Emergency Services Public Information Officer John Mehling was set to retire March 8, I let him know a podcast about his career was in order. Spokesperson for Mayor Fadness, Ashley Elrod, joined the conversation. Listen to the podcast at the link below.
I try to be a journalist and not get involved in advocating for any particular point of view. But in situations where the public’s right to know and accountability of elected officials are involved, I can get worked up. I am worked up now.
It’s about House Bill (HB) 1338. The piece of legislation in the Indiana General Assembly started out as a statute providing guidance to those running local government meetings on how to handle disruptions. It also clarifies laws on trespassing, a response to some people calling themselves “auditors,” providing legal language on what constitutes “criminal trespass.” Those provisions do not raise concern for me.
What does concern me is an amendment added in House Committee. I wrote a commentary on this March 3rd, available at this link. I expressed hope in that piece cooler heads would prevail among a majority of our Statehouse lawmakers. Let’s just say that did not happen.
HB 1338 has now passed the Indiana House and Senate and is headed to the desk of Governor Eric Holcomb. Here is what concerns be about this measure.
It would do away with the four-year terms for the Public Access Counselor. That position would serve “at the pleasure of the governor,” meaning he/she could be dismissed at any time without cause.
Another provision of HB 1338 would instruct the Public Access Counselor, when issuing advisory opinions, “may consider only the plain text of the public access laws and valid Indiana court opinions.” A major role of the Public Access Counselor is to provide advisory opinions on issues not specifically spelled out in state statutes and have no clear authority from the courts.
There is also language exempting certain committees appointed by elected bodies from provisions of the Open Meetings Law.
Why are lawmakers so fearful of a Public Access Counselor, which issues advisory opinions?
Reporter Tom Davies of State Affairs quoted Amelia McClure, executive director of the Hoosier State Press Association, saying HB 1338 “functionally guts” the access counselor’s ability to consider the context of a situation unless it has been directly addressed by the Legislature or court.
Reporter Davies also quotes Representative Ed Delany, (D) Indianapolis, as saying the elimination of the Public Access Counselor’s four-year term would expose the Public Access Counselor to political pressures.
“We’re setting it up so that they can be fired if they don’t say exactly what we want,” DeLaney said. “It seems to me that this is a real step backwards for public access.”
Davies notes in his story that the Public Access Counselor’s office was established in 1999 “after a review by several newspapers found widespread violations of the public access laws by numerous local governments across the state.”
Based on a number of news reports, it appears Republicans are pushing this legislation. I would argue it is bad for both political parties, and all ideologies, when an office like the Indiana Public Access Counselor is gutted, as the state press association asserts.
Open meetings and open government are key to citizens knowing what is happening with their local elected bodies. Indiana has one of the lowest rates of voter participation in the nation. Legislation like this will not help.
If you agree with me that HB 1338 is a bad idea, call or e-mail Governor Eric Holcomb, at this link. Urge home to veto HB 1338. So far, the governor has not indicated what he will do with this bill.
This is the first time in my 13 years of blogging where I have taken a stand on a particular piece of legislation. As a long-time journalist, this cuts to the heart of media and citizen involvement. That’s why I am worked up about HB1338.
Fishers becomes a much smaller place during the week of HSE Schools Spring Break with so many people traveling south. But, not every family leaves town during that time.
Fishers Parks is offering a Spring Break Summer Camp. April 1-5, the camp will be offered 8:30am-4:00pm. The cost is $200 for Fishers residents, $300 for nonresidents. This camp is modeled after the Fishers Parks summer camp.
Campers must bring a shelf-stable lunch, 2 snacks, water bottle, and appropriate tennis shoes and clothing (for short walks outside, active play and games, etc.) to camp each day.
No matter what day or time, there are Fishers Police officers trained and available to pilot drones and can be on the scene to use that technology at any time. There are about 20 uniformed Fishers officers trained in utilizing drone technology for a variety of uses, such as searching for a missing person or looking for a suspect after a crime is reported.
Drones used outdoors have infrared equipment, allowing police to search effectively, even during night time hours.
The drone cost is part of the department’s annual budget from the city, but is helped along by some foundation grants and donations by local residents
A training session was held Tuesday and demonstrations were offered to the media. At the top of this post you will hear from FPD’s Public Information Officer, Sgt. Angela Ellison,
Below, there is a demonstration of how a special indoor drone is used by police. Also below, there is a brief video of an outdoor drone being used in training and a drone practice session in landing the drone softly and safely.
Fishers Police took a Hoosier Road Elementary School food service worker into custody Tuesday morning after reports the employee brought a concealed firearm into the school.
Under arrest is Javara K. Ofoia, 22, from Fishers. She faces a charge of possessing a firearm on school property.
School Resource Officers took the worker into custody without incident and the firearm was secured. Fishers Police emphasize no students were involved and there was no “imminent threat to safety.”
According to Fishers Police, Ofoia told a witness she had a handgun in her purse and not to tell anyone because she knew it was a felony. Officers say they found the gun in Ofia’s purse, in her unsecured office. She told officers she had the gun because she works at an Indianapolis restaurant that was “shot up” over the weekend and was afraid.
Bringing a firearm into a school building is a violation of state law and HSE School District polity.
The FPD news release says this is an example someone seeing something and saying something.
