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Thursday, March 24, 2005

Ind. Gov't. - Public records issues in Lake County

"Copying fee under review: Town attorney to study $5 charge for crime reports," is the headline to this story in the Munster (NW Indiana) Times by Susan Brown. Some quotes:

MUNSTER | Town Attorney Eugene Feingold said Wednesday he will review the Indiana Access to Public Records Act to determine the legality of Munster's $5 copying fee for crime records.

Feingold said he may have been consulted by town officials, but does not recall being involved in the initial review.

"It's usually done in-house," he said.

In the meantime, Munster police clerks continue to charge the $5 fee.

"The Town Council passed the fee structure," Police Chief Nick Panich said. "That's what we've been told to collect. I can't go ahead and change it."

Indiana Public Access Counselor Karen Davis found the town's $5 flat fee to be in violation of the statute.

"The $5 fee per incident is excessive under the Access to Public Records Act," Davis wrote last week in an informal opinion.

Davis said state law doesn't allow a fee in excess of the actual cost of copying unless a separate statute authorizes a different fee. Copying fees generally run between a nickel and 10 cents a page. A set fee is not consistent with the statute.

At the same time, Davis provided a copy of a previous ruling allowing a $25 copying fee for accident reports. The difference: Indiana law mandates police departments charge a fee of not less than $3 for each accident report but does not set a maximum.

Munster's $25 rate may be the highest in the state, according to the Indiana Farm Bureau, which is the parent company of Indiana Farm Bureau Insurance. The organization's spokesperson, Liz Reynolds, said the fee was the highest the group has encountered.

Griffith police do not charge a fee for copying crime reports, while Highland police charge 10 cents per page only after the first 10 pages. Both towns charge $6 for copying accident reports.

A second story today in the Times, also by Susan Brown, is headlined "Munster public records policy questioned: New resolution restricts 13 types of documents." Some quotes:
Public access experts are questioning the action of the Munster Town Council, which collectively closed the door on 13 types of public records the state considers discretionary.

"It ties their hands where they don't need to have their hands tied," Indiana Public Access Counselor Karen Davis said.

Previous to the adoption of last week's resolution, the decision to open those records was made on a case-by-case basis and up to the discretion of an individual public agency. The resolution, in effect, takes away that discretion and automatically closes the records. * * *

[T]own officials say the resolution was driven by a recognition of the public's interest in protecting its privacy and avoiding identity theft.

"That was our attempt to maximize the protection to our citizens from those motivated by the unacceptable dissemination of Social Security numbers or Visa account numbers," said Clerk-Treasurer David Shafer, who is the official holder of the town's records.

Posted by Marcia Oddi on March 24, 2005 09:30 AM
Posted to Indiana Government