ST. JOHN — The Town Council has approved a settlement agreement in a law suit over the town's failure to record meeting minutes.
In October 2021, St. John resident Jeff Slaven filed a public records request with the town, asking for the ordinance specifying who is responsible for recording Board of Zoning Appeals and St. John Town Council meeting minutes.
He also requested Plan Commission meeting minutes from the start of 2021 to present and Board of Zoning Appeals minutes from April 2021 to present. Town Clerk-Treasurer Beth Hernandez sent Slaven ordinance 1720, which shows the person responsible is the recording secretary. She also informed Slaven that the other records did not exist.
According to records provided by Hernandez, missing Town Council and Redevelopment Commission minutes date back to July 2021. Missing Board of Zoning Appeals minutes date back to April 2021, and missing Plan Commission minutes date all the way back to October 2020.
After Slaven filed a formal complain with Indiana Public Access Counselor Luke Britt, arguing that St. John violated the law by not having the meeting minutes, the town responded Nov. 5, saying "the minutes are currently being transcribed."
On Jan. 4, Britt released an opinion finding "that the Town of Saint John violated the Indiana Open Door Law by not making minutes available within a reasonable time. As such, it violated the Access to Public Records Act by not supplying the requester with documents that should exist."
The Open Door Law requires attendance, general information discussed and all votes taken be recorded after every public meeting.
On Jan. 31, Slaven filed a lawsuit against the town, asking that St. John be required to provide the past minutes and cover "all reasonable attorney fees."
During a Wednesday night meeting the council unanimously approved a settlement payment of $4,400 to cover all attorney and filing fees. Town Attorney David Westland also said Slaven would be sent all of the requested meeting minutes.
Councilman Wayne Pondinas said St. John "failed as a town" and "failed our residents" by not recording minutes for such a long period of time.
"It is just a shame that we had to pay that kind of money to have minutes," Pondinas said. "It seems ridiculous that it happened, (not recording minutes) should never happen again."
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