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Yahoo
6 days ago
- Politics
- Yahoo
New era of government transparency? Indiana's public access counselor tackles backlog
When Hoosiers have questions about whether their public officials are following the state's public records and open meeting laws, they can turn to Indiana's public access counselor to investigate the situation on their behalf. However, that nonpartisan state agency has been engulfed in a period of transition following a state law limiting its scope. That change caused staff and institutional knowledge to drain out of the office, and Hoosiers' questions were largely left unanswered in the meantime. Now, with Gov. Mike Braun's selection of Jennifer Ruby as Indiana's next public access counselor, the office is poised to regain stability a year after the law took effect and following 16 months of understaffing. Ruby told IndyStar she is making progress rebuilding her staff, updating guidance and responding to the backlog of constituent questions. "Anytime you have a goal that's really hard and a long way away, you've just got to try to keep focusing on what your end goal is," she said. "And my end goal is to get this office in better shape." Braun has repeatedly said government transparency and constituent services will be two important pillars of his administration — and are both why the public access counselor was created. 'Transparency is essential and the PAC plays a big role in making sure our state government is providing that transparency," the governor's spokesperson, Griffin Reid, told IndyStar in a statement. Those who rely on the office will be watching closely to see how long it takes the office to get caught up and how constrained Ruby is by the changes to the law. The public access counselor is responsible for both educating officials about the public's right to information and answering Hoosiers' questions about the state's public access law. "Government, especially at the local level, can be confusing to folks who are new to engaging with their local officials," said Luke Britt, the previous public access counselor. "Access and engagement go hand in hand, and so just being there as a resource was my number one priority." Members of the public, journalists and government employees can ask Ruby's office questions about how to interpret the state's Access to Public Records Act and the Open Door Law, also known as sunshine laws. People can also submit complaints to the public access counselor if they feel there is a potential that those laws were violated. The office will then engage in an investigatory process that culminates in an advisory opinion interpreting how the state's laws apply to specific situations. All advisory opinions are published on the public access counselor's website. The state legislature curtailed the public access counselor's powers in 2023, so the office could only consider two sources — Indiana's public access law "as plainly written" and court opinions — when deciding on public complaints. Lawmakers disagreed with how Britt, the previous counselor, was interpreting the law. Amendment author Sen. Aaron Freeman, R-Indianapolis, said at the time that Britt had "some very liberal interpretations of the statute." They especially drew issue with Britt's opinion that Hamilton East Public Library board members violated the Open Door Law amidst a high-profile reshuffling in response to a controversial book relocation policy. "Once that legislation took place ... if it was a complaint about a subjective area of the law or an ambiguity, all I could do was make a rote recitation of the law, and I don't think that's necessarily helpful," Britt said. Ruby said she is navigating what the office will look like under the new law and how to weigh the need for transparency with the letter of the law. "There is going to be a balance because we're supposed to broadly interpret so that there's openness and transparency," Ruby said. "There's going to be some learning here as far as what works and what doesn't." Another question is whether the thousands of prior opinions, which date back to when the office was created in 1999, can be used as precedent. If a court used a counselor's opinion to make a ruling, she said, that advisory opinion has legal standing. Where there isn't case law, she said, she'll have to evaluate whether previous opinions still stand and if she can come to the same conclusion using the plain text or other court cases. "There's a lot of times that you're building something or you're reviewing something legally and you can come at it from a different direction, you can still come to the same conclusion," she said. On whether her office will become ensnared in political tensions as it had in the past, Ruby said she'll rely on her background as a mediator to work through and discuss her decisions. Everything must stem back to something in Indiana code or case law, which she said provides evidence that the office is not engaging in partisan politics. "The law will potentially tick off one side or the other," she said. "But if I'm following the law, they're going to understand exactly why I made the decision that I made." Zachary Baiel, president of the Indiana Coalition for Open Government, is among Hoosiers who have expressed frustrations about the time it takes to hear back from the office. Still, Baiel is giving the Braun administration the benefit of the doubt since his term is still young and it took the time to find a person suited for the job. Government moves slowly, he said, which means staffing vacancies take longer to fill, and thus, longer to remedy issues. For people who have sent questions or complaints to her office and haven't heard back, Ruby said her office is working chronologically unless there is an emerging legal case that would need to jump the queue. "We will get to you when we can," she said. The office was understaffed for about 16 months and without an official leader since February. Ruby was working through requests alone until a paralegal joined her staff last week. The hardest part so far, she said, is dealing with the office's negative perception that's developed as people wait for answers. "The thing I like the least is letting people down," she said. "I know this office needs to be more actively engaged with the public, and it's hard to do that when there's only one of you." She said she is working to close out complaints filed in December, January and February. Notices will begin to go out for complaints filed in March and April. She plans to write her first advisory opinion "very soon." By the end of September, Ruby said, she hopes her office will have made a large dent in the backlog. And by the end of the year, she's optimistic that the office will be up to date. This year has been busier than last. She said there are at least 95 complaints filed so far this year, compared to about 88 that Britt responded to in all of 2024. "I think we're going to have a lot more this year to get through," she said. "We're going to have plenty of work to do." Britt was Indiana's longest-serving public access counselor and gained name recognition for his public education and accessibility. He announced he was stepping down in February after undefined. "If folks have that resource they can go to just for general questions about government or government transparency, that's a good thing," he said. "I always took that counselor word in the title quite literally." Ruby said she has similar motivations. She emphasized it was important to her to return to public service after 20 years running her estate and succession planning practice. She missed knowing she's helping people each day she works, she said. In her 15 years working in state and local government, Ruby often interacted with public access law. She worked in strategic planning, litigation and policy roles at the Indiana Department of Environmental Management, New Mexico Environment Department and the city of Indianapolis. She's fulfilled records requests, ensured public meeting rules were followed and interpreted what could be discussed in private executive sessions. "I've dealt with (public access laws) in those ways," she said. "This (job) is just a lot deeper into that." The legislature made the public access counselor's job more difficult by limiting their ability to interpret statutes that are often broad, Baiel said. He is especially curious to see Ruby's first advisory opinion, which he believes will tell more about how she approaches open access laws. "That's the proof of any public access counselor," he said. "They all have different writing styles. They all have different sympathies. ... So what's Jennifer's (first opinion) going to look like, especially in light of the changes at the Indiana code level?" Ruby's goal is to begin conducting regular trainings so members of the public can better understand their rights in plain language. She said education is a critical role of her office and one she intends to more intensely pursue when they make it through the backlog. "We've been so underwater that we're just not there yet," she said. The USA TODAY Network - Indiana's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Have a story to tell? Reach Cate Charron by email at ccharron@ or message her on Signal at @ This article originally appeared on Indianapolis Star: Indiana's new public access counselor tackles backlog
Indianapolis Star
6 days ago
- Politics
- Indianapolis Star
New era of government transparency? Indiana's public access counselor tackles backlog
When Hoosiers have questions about whether their public officials are following the state's public records and open meeting laws, they can turn to Indiana's public access counselor to investigate the situation on their behalf. However, that nonpartisan state agency has been engulfed in a period of transition following a state law limiting its scope. That change caused staff and institutional knowledge to drain out of the office, and Hoosiers' questions were largely left unanswered in the meantime. Now, with Gov. Mike Braun's selection of Jennifer Ruby as Indiana's next public access counselor, the office is poised to regain stability a year after the law took effect and following 16 months of understaffing. Ruby told IndyStar she is making progress rebuilding her staff, updating guidance and responding to the backlog of constituent questions. "Anytime you have a goal that's really hard and a long way away, you've just got to try to keep focusing on what your end goal is," she said. "And my end goal is to get this office in better shape." Braun has repeatedly said government transparency and constituent services will be two important pillars of his administration — and are both why the public access counselor was created. 'Transparency is essential and the PAC plays a big role in making sure our state government is providing that transparency," the governor's spokesperson, Griffin Reid, told IndyStar in a statement. Those who rely on the office will be watching closely to see how long it takes the office to get caught up and how constrained Ruby is by the changes to the law. The public access counselor is responsible for both educating officials about the public's right to information and answering Hoosiers' questions about the state's public access law. "Government, especially at the local level, can be confusing to folks who are new to engaging with their local officials," said Luke Britt, the previous public access counselor. "Access and engagement go hand in hand, and so just being there as a resource was my number one priority." Members of the public, journalists and government employees can ask Ruby's office questions about how to interpret the state's Access to Public Records Act and the Open Door Law, also known as sunshine laws. People can also submit complaints to the public access counselor if they feel there is a potential that those laws were violated. The office will then engage in an investigatory process that culminates in an advisory opinion interpreting how the state's laws apply to specific situations. All advisory opinions are published on the public access counselor's website. The state legislature curtailed the public access counselor's powers in 2023, so the office could only consider two sources — Indiana's public access law "as plainly written" and court opinions — when deciding on public complaints. Lawmakers disagreed with how Britt, the previous counselor, was interpreting the law. Amendment author Sen. Aaron Freeman, R-Indianapolis, said at the time that Britt had "some very liberal interpretations of the statute." They especially drew issue with Britt's opinion that Hamilton East Public Library board members violated the Open Door Law amidst a high-profile reshuffling in response to a controversial book relocation policy. "Once that legislation took place ... if it was a complaint about a subjective area of the law or an ambiguity, all I could do was make a rote recitation of the law, and I don't think that's necessarily helpful," Britt said. Ruby said she is navigating what the office will look like under the new law and how to weigh the need for transparency with the letter of the law. "There is going to be a balance because we're supposed to broadly interpret so that there's openness and transparency," Ruby said. "There's going to be some learning here as far as what works and what doesn't." Another question is whether the thousands of prior opinions, which date back to when the office was created in 1999, can be used as precedent. If a court used a counselor's opinion to make a ruling, she said, that advisory opinion has legal standing. Where there isn't case law, she said, she'll have to evaluate whether previous opinions still stand and if she can come to the same conclusion using the plain text or other court cases. "There's a lot of times that you're building something or you're reviewing something legally and you can come at it from a different direction, you can still come to the same conclusion," she said. On whether her office will become ensnared in political tensions as it had in the past, Ruby said she'll rely on her background as a mediator to work through and discuss her decisions. Everything must stem back to something in Indiana code or case law, which she said provides evidence that the office is not engaging in partisan politics. "The law will potentially tick off one side or the other," she said. "But if I'm following the law, they're going to understand exactly why I made the decision that I made." Zachary Baiel, president of the Indiana Coalition for Open Government, is among Hoosiers who have expressed frustrations about the time it takes to hear back from the office. Still, Baiel is giving the Braun administration the benefit of the doubt since his term is still young and it took the time to find a person suited for the job. Government moves slowly, he said, which means staffing vacancies take longer to fill, and thus, longer to remedy issues. For people who have sent questions or complaints to her office and haven't heard back, Ruby said her office is working chronologically unless there is an emerging legal case that would need to jump the queue. "We will get to you when we can," she said. The office was understaffed for about 16 months and without an official leader since February. Ruby was working through requests alone until a paralegal joined her staff last week. The hardest part so far, she said, is dealing with the office's negative perception that's developed as people wait for answers. "The thing I like the least is letting people down," she said. "I know this office needs to be more actively engaged with the public, and it's hard to do that when there's only one of you." She said she is working to close out complaints filed in December, January and February. Notices will begin to go out for complaints filed in March and April. She plans to write her first advisory opinion "very soon." By the end of September, Ruby said, she hopes her office will have made a large dent in the backlog. And by the end of the year, she's optimistic that the office will be up to date. This year has been busier than last. She said there are at least 95 complaints filed so far this year, compared to about 88 that Britt responded to in all of 2024. "I think we're going to have a lot more this year to get through," she said. "We're going to have plenty of work to do." Britt was Indiana's longest-serving public access counselor and gained name recognition for his public education and accessibility. He announced he was stepping down in February after undefined. "If folks have that resource they can go to just for general questions about government or government transparency, that's a good thing," he said. "I always took that counselor word in the title quite literally." Ruby said she has similar motivations. She emphasized it was important to her to return to public service after 20 years running her estate and succession planning practice. She missed knowing she's helping people each day she works, she said. In her 15 years working in state and local government, Ruby often interacted with public access law. She worked in strategic planning, litigation and policy roles at the Indiana Department of Environmental Management, New Mexico Environment Department and the city of Indianapolis. She's fulfilled records requests, ensured public meeting rules were followed and interpreted what could be discussed in private executive sessions. "I've dealt with (public access laws) in those ways," she said. "This (job) is just a lot deeper into that." The legislature made the public access counselor's job more difficult by limiting their ability to interpret statutes that are often broad, Baiel said. He is especially curious to see Ruby's first advisory opinion, which he believes will tell more about how she approaches open access laws. "That's the proof of any public access counselor," he said. "They all have different writing styles. They all have different sympathies. ... So what's Jennifer's (first opinion) going to look like, especially in light of the changes at the Indiana code level?" Ruby's goal is to begin conducting regular trainings so members of the public can better understand their rights in plain language. She said education is a critical role of her office and one she intends to more intensely pursue when they make it through the backlog. "We've been so underwater that we're just not there yet," she said. The USA TODAY Network - Indiana's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Indianapolis Star
08-07-2025
- Politics
- Indianapolis Star
Indiana local governments now required to livestream meetings. How to watch
Hoosiers will have greater access to government proceedings following the enactment of a new Indiana law requiring most state and local governing bodies to livestream their public meetings. State Rep. Ben Smaltz, R-Auburn, authored House Enrolled Act 1167 to expand the Open Door Law to inject more transparency into government proceedings. Starting July 1, state agencies, city and county councils, boards of commissioners and elected school boards must livestream their meetings, post recordings afterward, and include documents like the agenda, minutes and memorandum. University boards of trustees, unelected school boards and local government departments are not subject to the law. Bodies aren't required to have a way for the public to comment virtually, but some do allow virtual testimony. Several bodies have already virtual viewing options, especially after the COVID-19 pandemic prompted widespread adoption. The Indiana General Assembly and the Indianapolis City-County Council have broadcast their meetings for years. Still, many local governments hadn't done so and needed to overcome cost barriers to comply with this new law. The 2023 legislation included a two-year buffer so staff could purchase equipment and upgrade their digital presence. If an area lacks internet, only a recording needs to be posted. Also, boards are allowed to continue with their business if technology problems arise. Staff must make public meetings livestreams and recordings available on a publicly accessible platform, such as a city website or YouTube. Archived videos must be kept for at least 90 days, according to the law. Any other body that conducts regular public meetings in the same room as a city or county council, such as a plan commission, must also be livestreamed. Here's where to find meetings of local governments' councils and commissions: Here's where to find meetings of local school boards: The USA TODAY Network - Indiana's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Indianapolis Star
01-07-2025
- Politics
- Indianapolis Star
IPS parents must demand accountability from local education alliance
This year's session of the Indiana General Assembly forced parents to navigate difficult changes threatening to fragment our educational system, including cuts to pre-K, universal private school vouchers and division of funds for public schools with unelected charter school boards. It is of the utmost importance that public school parents join together to oppose this fragmentation at a community level. The Indianapolis Local Education Alliance, a body formed to study transportation and facility use among public and charter schools within the geographic boundaries of the Indianapolis Public School System, is an important entity to focus on. It has been hosting 'community conversations' in past weeks, but is not subject to Indiana's Open Door Law. As a result, there is a real concern among many parents about ILEA being used to promote special interests. It is imperative, then, that we demand accountability and ensure they promote the ideals of public education. Opinion: Indianapolis schools have once-in-a-generation chance for transformation | Opinion Indianapolis Public Schools has long been a pillar in our community. My daughter's school is an excellent example of how education can put community, joy and connection at the center of the school experience. Taking action to protect it now can ensure our children have the tools needed to thrive in an increasingly volatile and uncertain landscape.
Indianapolis Star
16-06-2025
- Politics
- Indianapolis Star
IPS parents fear school closures, resource cuts as new advisory board begins work
Indianapolis Public Schools parents and community members are raising concerns about the Indianapolis Local Education Alliance (ILEA), a new group tasked with making far-reaching recommendations about how IPS and charter schools can share resources more efficiently. IPS has been holding 'community conversations' over the past two weeks with the intent of educating the public about the alliance's work, but also of the district's history, its present reality and its future due to recent legislative changes. The meetings have been centered around the four main subjects the alliance will likely be evaluating in its recommendations: the history and makeup of IPS, finances, transportation and facilities. Though the alliance hasn't had its first public meeting, IPS parents are already skeptical of the group's intent based on its makeup and are wary that any recommendations will help when the district faces financial strain soon. For some families attending traditional IPS schools, their ultimate fear is that resources at their campus will be reduced so severely that they will be forced to leave the district, or worse, see their school close. Michael McKillip has a rising eighth grader at Broad Ripple Middle School, on the northside of the district, whose heart has been set on playing basketball at Shortridge High School since he was five. But now that future has been put into question. 'My son has one year before we have to make the decision of where to go to high school, and I will not start him in a place that I can't be certain he can finish,' McKillip told IndyStar. Charter school parents in the district say they want to make sure the alliance is considering families' concerns when crafting its recommendations. 'Family voices need to come first,' said Kim Graham, director of organizing and partnerships with EmpowerED Families, a charter-friendly organization in Indianapolis. The alliance must make recommendations to city and state officials by the end of 2025. Here is a look at some of the other concerns and questions IPS parents are facing: McKillip said one of his biggest concerns when first learning about the alliance was its exemption from Indiana's Open Door Law, and therefore, it is not required to hold public meetings. 'We're starting off on the wrong foot with the exemption from transparency,' McKillip said. 'There can be no justice for the families of public education students, and no accountability for this board if these meetings are not only open, but broadcast, streamed, and online. This is a big enough kind of decision that affects every taxpayer in Marion County, not just people with children in a public or a charter school.' More on the ILEA meetings: Hogsett announces public meetings for schools advisory group amid transparency concerns Chairman of the alliance, Mayor Joe Hogsett, said that due to the complexities of the work at hand and the quick turnaround time, some meetings may need to be private. Three public meetings have been scheduled for June 25, July 23 and Aug. 20 at the city-county building. Other parents believe the makeup of the alliance is skewed to favor charter schools since five out of the nine-member board have connections with charter schools or charter advocacy groups. More on each board member: They will decide the future of IPS, but will they let the public in? Hogsett, who is the only mayor in the country with the ability to authorize charter schools, appointed former-mayor Bart Peterson and City Council President Maggie Lewis, both affiliated with The Mind Trust, a charter-supporting nonprofit. Hogsett told IndyStar that the four members he appointed for the board bring a wealth of knowledge to the alliance, including experiences with all school types. 'I am confident they will work in the best interest of our community's students and families to ensure each child can receive a high-quality education,' he said. Peterson, who also recently retired as CEO of Christel House International, a charter school network, told IndyStar that even though he has a well-known background of advocating for charter schools, he has never advocated for the disadvantaging of IPS. 'My advocacy for charter schools is plain for anyone to see, but I also want to see a viable and effective and strong IPS going forward as well,' Peterson said. Another major topic the alliance is tasked to address is examining the district's transportation abilities and how it can be transformed to serve more families. The mayor's office is asking families to take a transportation survey to get their views on various scenarios for busing kids. However, many of the scenarios listed in the survey, like combining different grade levels or schools on the same bus, make some parents cautious. 'My kids are really young and one of them is really shy and timid so I wonder about things like bullying, so if the kids don't go to the same school, how do I even know who to contact,' said Anh Nguyen, who will have two kids at Sidener Academy, on the northside, next school year. Adrienne Hurley, who has one child at T.C. Howe Middle School on the eastside and one at the Benjamin Harrison School 2 (CFI 2) near downtown, said that she grew up knowing the reputation of IPS being a 'bad' district, but said her kids have had a great experience. 'I feel like our district has to handle a lot of students that have housing insecurities, food insecurities and things like that, and so if we can address those underlying issues, that's going to help all of the schools,' Hurley told IndyStar. She also said her biggest concern is that her kids will have their education disrupted again, like it was with the Rebuilding Stronger plan, if their school is picked for closure. Regardless of the alliance's recommendations, IPS faces significant budget challenges ahead. Due to Senate Bill 1, the district expects to lose $14 million in property tax revenue over the next three years and will start sharing tax dollars with charter schools in 2028. Without a new operating referendum, IPS projects its operating budget could be cut in half by 2032. Parents like Melissa Lavella, who has two children at Mary Nicholson School 70 (CFI 70) on the northside, said she sees this as a losing situation, no matter what the group proposes to efficiently use resources. 'Our school has great teachers, great staff, and great administration,' Lavella told IndyStar. 'They need to be resourced, empowered, and supported to do their jobs. I don't see how any interference from this alliance is going to help them in any way.' Lavella left the IPS community conversation meeting at James Whitcomb Riley School 43 with more questions than answers. Ultimately, her skepticism remains due to who is serving on the alliance, and what benefit it could bring for her kids' education. 'It would appear that former Mayor Bart Peterson's legacy was introducing charter schools to our city,' Lavella said. 'Hopefully, Mayor Hogsett's Legacy isn't destroying IPS District Schools.' Keep up with school news: Sign up for Study Hall, IndyStar's free weekly education newsletter. A spokesperson from the mayor's office told IndyStar the alliance aims to ensure long-term stability for all schools. 'The goal of the alliance is to create opportunities for local leaders and community members to work more closely together to find solutions so all schools and students have what they need to be successful,' the mayor's office said. IPS's last remaining community conversation meeting will be at 6-8 p.m. on June 17, at William McKinley School 39, 1733 Spann Ave.
