As Lake County Commissioner Jerry Tippy settles into his new role, he often poses a question to his fellow commissioners before inquiring about county business.
"Is that a violation of Open Door?"
Indiana law currently prohibits county commissioners from discussing functions of the county outside of a public meeting, but a bill introduced in the General Assembly would ease restrictions under the state's Open Door Law, allowing them to discuss certain administrative functions without needing to hold a public session.
For a county with a heavy population, there's a lot that crosses the commissioners' desks, Tippy said.
"It's a little bit cumbersome," Tippy said.
Currently, the Open Door Law says that county executive boards and town councils, which generally consist of three members, can meet to do administrative functions without notice, said Luke Britt, the Indiana Public Access Counselor, but those meetings are open to the public.
Britt said if two of the three members run into each other outside a meeting they aren't violating the Open Door Law, as long as they don 't discuss any administrative functions or government actions.
"That's generally fine," Britt said.
Meetings where commissioners discuss administrative functions are open to the public, Britt said, but do not need to be noticed in advance.
The law can be restrictive to executive boards with three members, Tippy said.
Steve Key, executive director and general counsel of the Hoosier State Press Association, said as the law currently stands, three-member commissioners boards are the executive body. Mayors can do all the same day-to-day functions as county executives, Key said, but without needing to post a meeting.
Commissioners need to have a little more leeway, Tippy said.
Key said the bill aims to clarify what members of those boards can and cannot do without a meeting.
"Part of the problem with the current language is administrative function is not defined," Key said. "There's that kind of vague area that can get legislators into trouble."
The bill clarifies what an administrative function is, Britt said. The bill said that administrative functions can only related to day-to-day operations of the county.
Should the bill pass, Britt said commissioners still couldn't take any final action or do anything along those lines without holding a public meeting.
Should the bill remain on the table, Key said he wants to get language in the text clarified so the parameters for the public officials and public are clear.
"It's not as clear as it should be or could be," Key said.
Tippy said the bill isn't about letting commissioners skirt the law.
"We're completely aware of what our responsibilities are to the Open Door Law," Tippy said.
Whenever there's a doubt, Tippy said the commissioners end a meeting.
"The last thing we want to do is violate any law," Tippy said.