Open Government Ordinance (UPDATE)
Posted by Jeff Pruitt - 3/24/08 @ 3:44 pm - Filed Under City Council, Featured
Scott Spaulding of Downtown Fort Wayne Baseball alerted me to an ordinance that is being introduced tomorrow night by councilman Mitch Harper. This ordinance mandates that the public notices for all public agencies of the city comply with state statute. It also goes a step further than state law requires by ordering these public notices to be placed on the city website.
Kudos to councilman Harper for pushing what we all hope will be the first of several open government ordinances. You can read the state statute and the proposed ordinance below.
UPDATE: I just want to point out that I physically had to walk down to the clerk’s office between the hours of 8-5 in order to acquire this ordinance. Of course this is despite the fact that Clerk Sandy Kennedy assured me (and others at the open govt task force meeting) that the ordinances were available online with the agenda. I would be remiss if I didn’t point out that none of the ordinances have been available online since that meeting. Is it that hard to post a PDF - really now?
IC 5-14-1.5-5 Public notice of meetings
Sec. 5. (a) Public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting, shall be given at least forty-eight (48) hours (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not apply to reconvened meetings (not including executive sessions) where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the memoranda and minutes thereof, and there is no change in the agenda.
(b) Public notice shall be given by the governing body of a public agency by:
(1) posting a copy of the notice at the principal office of the public agency holding the meeting or, if no such office exists, at the building where the meeting is to be held; and
(2) delivering notice to all news media which deliver by January 1 an annual written request for such notices for the next succeeding calendar year to the governing body of the public agency. The governing body shall give notice by one (1) of the following methods:
(A) Depositing the notice in the United States mail with postage prepaid.
(B) Transmitting the notice by electronic mail.
(C) Transmitting the notice by facsimile (fax).
If a governing body comes into existence after January 1, it shall comply with this subdivision upon receipt of a written request for notice.
In addition, a state agency (as defined in IC 4-13-1-1) shall provideelectronic access to the notice through the computer gateway administered by the office of technology established by IC 4-13.1-2-1.
(c) Notice of regular meetings need be given only once each year, except that an additional notice shall be given where the date, time, or place of a regular meeting or meetings is changed. This subsection does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual or threatened injury to person or property, or actual or threatened disruption of the governmental activity under the jurisdiction of the public agency by any event, then the time requirements of notice under this section shall not apply, but:
(1) news media which have requested notice of meetings must be given the same notice as is given to the members of the governing body; and
(2) the public must be notified by posting a copy of the notice according to this section.
(e) This section shall not apply where notice by publication is required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana board of tax review, or any other governing body which meets in continuous session, except that this section applies to meetings of these governing bodies which are required by or held pursuant to statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town if the meetings are held solely to receive information or recommendations in order to carry out administrative functions, to carry out administrative functions, or confer with staff members on matters relating to the internal management of the unit. “Administrative functions” do not include the awarding of contracts, the entering into contracts, or any other action creating an obligation or otherwise binding a county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a governing body of a public agency convenes a meeting at a time so unreasonably departing from the time stated in its public notice that the public is misled or substantially deprived of the opportunity to attend, observe, and record the meeting.
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21 Responses to “Open Government Ordinance (UPDATE)”
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Outstanding News.
Thanks Jeff for your diligence at keeping all in the City & County honest. Your coverage is informative…speaks volumes!
It’s time.
Thanks elected Mitch Harper:
We need you to bridge Allen County & the City of Fort Wayne to pull together. No more income taxes.
Thanks Bobett. I understand there will be times we don’t all agree but I think expanding government access for everyone is one area that we are all in agreement…
Great move and this is an example of moving from talking the talk to walking the walk. This is an example of how the City Council, the Mayor, and the multi-jurisdictional Open Gov Task Force can set a new standard for the community and beyond for what drives government “of the people, by the people,and for the people ” and that is its open gov style and promoting an informed and involved citizenry.
There are many other candidates or ideas from the Open Gov Forum that may qualify as an ordinance as the Task Force continues its work. A Sunshine Ordinance or more or them can set the bar and be a model for communities today in this era of change and era of advances in information and internet technology.
In fact, March has been declared Sunshine Month by the major journalism societies to promote awareness on open gov meetings and open gov public right to know records. To have an ordinance on Open Gov introduced at this time sends the message that the Fort Wayne community is serious about not just talking the talk-but walking the walk.
And the journey locally is just beginning. The Task Force Forum produced 5 pages of open gov in general Ideas to consider.
Open Government is important and Fort Wayne is moving in the right direction!
Mike Sylvester
When re-election for Kennedy comes around, we need a dynamic challenger who is not locked into doing things the way they’ve always been done. Sandy doesn’t want to be part of the solution, but she certainly appears to be a major part of the problem.
The raising of a public issue is not an automatic excuse for involving the politics of individuals. That is old politics. People are weary of that. It obscures the public policy discussion involved. At best, it is a distraction. At worst, it perpetuates the idea that it is personalities that matter in politics and not the building of lasting institutions and higher standards.
And in terms of it being focused on any individual, it obscures the steadfastness of purpose, the devotion to community and the range of duties and experiences that person brings every day to the task of serving the public.
It is the long-range view that matters; not the short term view.
Setting higher standards for open government and utilizing the new tools that allow this new generation of Americans to have a more transparent government is really a matter of liberty.
If we can do the best we can in our area of responsibility of the city, then perhaps it is a flag raised that will be followed by other governments in Indiana and across the country.
This issue of open government - which, even though our actions are confined to our narrow sphere in Fort Wayne - concerns fundamental rights of individuals.
Government officials will live up to the higher standards set, I have no doubt. Let us remain focused on that.
I support open government as well. But does Fort Wayne need a law that requires the city to obey state law? Isn’t the city supposed to obey state law as it is?
Robert,
The ordinance language appears to mimic the state statute but it goes above and beyond that statute as well…
Ive asked this question before during the last mayoral race to no avail but is there a process to recall an elected official like Kennedy for incompetence or a vote of no confidence by the City Council or proof of dereliction of duties?
Im just asking and no one has been able to give an answer yet.
To Robert and Jeff:
The ordinance does not go “above and beyond” the standard the state sets for itself. The ordinance DOES go “above and beyond” the current standard the state sets for local units of government.
The state statute sets a minimum standard for local units of government. It then has the additional language which sets a higher standard for the state’s public notice to be available on the internet.
The goal of the ordinance is for the City of Fort Wayne to voluntarily adopt the higher standard the state sets for itself.
As a matter of public policy, I think state legislators should consider statutorily moving first and second-class cities to the higher standard as well.
That seems all well and good regarding public notice of meetings. But that only requires posting of the date, time and place. Nothing about posting the agenda which is more important.
Under state law the agenda needs only be posted prior to the meeting. This would be a big step if the agenda is also posted 48 hours prior to the meeting. Although this may require more work to prepare considering that tonite’s agenda is 52 pages. The days that committee meetings are held may shorten the period that the agenda can be prepared.
Maybe something can be set up to provide a tentative agenda or 2 versions of the agenda (short and long). If the short basic agenda could be posted by the Friday before the meeting if the Council has determined what will be discussed and/or voted. And the full version posted on Monday or Tuesday.
Who provides the details that go into completing the agenda? When are the details provided? Is the agenda approved by the Council President? If he does when does he approve it?
I believe Mitch has stated that this is just a beginning to the process and not the end so I don’t think one should look at this ordinance and worry about things that aren’t covered.
The council agendas are put on the website but the agendas for all the other various public entities are typically not. This ordinance would require them to now make those available via the internet - a step in the right direction to be sure.
The administration provides much of the details that go into the agenda and it’s my understanding that the city clerk usually doesn’t receive those until Friday.
Jeff, I am going to take exception to part of your original post:
” Is it that hard to post a PDF - really now?”
Perhaps it is harder than you think.
There are multiple issues at play here- ONE- they need the software to make a PDF. I do not know if the City Clerks office has that software or if they have someone doing it for them.
There is also the issue of whom actually posts those to the website? The clerks office or ACS (their technology provider)?
Overall the process is not hard….but I think you are being a bit judgemental in your comment when we may not know all of the facts.
Kevin,
The software is free and it’s as easy as printing a document. Furthermore they obviously have the software already because the agendas are posted online as PDFs
Whoever posts the agenda could also post the ordinances. In fact as of today they ARE available as they were three weeks ago.
If they can continue this practice then we will all be happy
Looking at the person who runs that office, the gate keeper Sandy Kennedy, it certainly DOES make sense to criticize her politics. She is an elected offical in charge of the place. She is standing in the way of helping people and has for a long time. The place is full of the same-old (no pun intended) people doing things “because that is how we have always done them” (her words).
Jennifer… If Sandy Kennedy is standing in the way then why have videos of the meetings been posted online? Why are the agendas and minutes posted if Sandy is standing in the way?
Gary,
Let’s make sure we give credit where it’s due - CTO Clifford Clark is responsible for putting the council meetings online.
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While I agree Kennedy may be dragging her feet let us reflect a bit first. She runs a department that must meet Indiana laws (to which some of us may or may not agree). That posting of legal documents on behalf of the city must be done within certain guidelines.
While I have a bunch of arrows to shoot her direction I will give her a little more time to work things out. Of course she could be speaking out that things are getting hung up while certain issues are addressed. Then she needs to let the public know what the issues are.
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