The Indiana House has declared itself above a law the House itself enacted. And it would appear there’s not a darned thing that can be done about it.
Well, maybe one thing, if you’re willing to help. But first, some particulars.
The law is Indiana’s Access to Public Records Act, enacted in 1983, which declares that “... all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.”
The law also states: “Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees.”
But for years, legislators have acted as though the act also contains the phrase, “except for us lawmakers.”
So even though any communications between House Utilities and Energy Committee Chairman Eric Koch and utility companies on the subject of solar power might seem of public interest, it wasn’t really a surprise when the House Republican Caucus denied a request from a consumer group for such emails or other messages. The law doesn’t apply to us, the caucus’ attorney said. End of story.
Except this time, Indiana Public Access Counselor Luke Britt offered advisory opinions that the open-records law does indeed apply to legislators. The act allows lawmakers to designate and shield some types of documents or emails as “work products,” Britt noted, but he urged them to err on the side of transparency.
Though the House Republican Caucus still wouldn’t budge, the Citizens Action Coalition of Indiana and the Washington-based Energy and Policy Institute filed a lawsuit.