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Monday, March 15, 2004
Indiana Law - Public Access Counselor Opinion on PERF Privacy Issue
Here is the Indiana Public Access Counselor's opinion referred to in the Indianapolis Star March 11th editorial. (It is a scan of a fax, but is readable.) See particularly the third paragraph on page 3, which discusses PERF's assertion that the current confidentiality provision (i.e., "the 2001 provision," for those of you who have read the prior Indiana Law Blog posts) applies to ALL funds administered by PERF, and concludes that the current provision only applies to public empoyees' and teachers' PERF. The opinion suggests that the failure of the 2001 language to cover the other funds (including the legislators' and the courts' funds) may have been a legislative oversight, but then continues:
However, unless and until the General Assembly takes action to protect the membership records of all the funds administered by PERF, I am required to give force and effect to the plain language of the statutes, and to apply the statutory exemptions to disclosure narrowly.In addition, the Indiana Law Blog has received this copy of a letter, dated March 11, 2004, sent by the Society of Professional Journalists to Governor Kernan, urging him to veto HEA 1285.
Third, here is a link to an editorial published today in the Munster NWI Times, urging the Governor to veto the bill. (It makes the point, but perhaps with too broad a brush.)
Finally, here are links to earlier Indiana Law Blog posts on HEA 1285, most recent first: Here, here, and here.
Posted by Marcia Oddi on March 15, 2004 06:00 PM
Posted to Indiana Law