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Tuesday, April 10, 2007

Ind. Gov't - Even more on "Ivy Tech's board broke state law, public access counselor rules"

"Ivy Tech to revisit hiring decision: Board will discuss new president in public to comply with law" is the headline to this story by Andy Gammill in today's Indianapolis Star. But you will have to travel to French Lick to see it. Some quotes from today's story:

Ivy Tech's board will again take up its decision to hire an Anderson businessman as president after the state's public access counselor determined the board acted illegally, the board said Monday.

Vice Chairman Jesse Brand said Ivy Tech Community College disagrees with Karen Davis' ruling but will discuss the issue publicly as a board.

"We respect her position, so we're going to, both at her and our counsel's advice, have a discussion on the agenda," Brand said. "As far as I know, there are no limits of what course that discussion might take."

Davis determined last week that two votes in a closed-door executive session violated state law. She also said that the board probably broke the law by deliberating in private, although she said case law isn't as clear-cut on that issue.

Although the board will discuss the matter again at its April 19 meeting in French Lick, Brand said he believes the board will not change its mind in hiring Thomas J. Snyder as Ivy Tech president. * * *

Davis said Monday that Ivy Tech's decision to revisit the votes and discussion could make any lawsuit moot by taking the only course of action a judge could order.

The meeting may end up looking like a re-enactment, with members voting the same way as before, she said, but they are allowed to change their votes under the law.

"It's a real vote," she said. "If they decided to change their vote, it would be OK. There certainly wouldn't be anything wrong with one of the members changing their vote."

Her advice to Ivy Tech was to conduct the votes again publicly, Davis said, and also to have deliberations about candidates' qualifications in open session.

For background, start with this ILB entry from yesterday.

Posted by Marcia Oddi on April 10, 2007 08:05 AM
Posted to Indiana Government