Decorum measure draws support

INDIANAPOLIS — An effort to set up procedures for ensuring decorum in public meetings is drawing support.

House Bill 1338, authored by State Rep. J.D. Prescott, received support from groups representing government officials as well as the state’s public access counselor and had a Democrat sign on as a sponsor during the House Government and Regulatory Reform Committee meeting Tuesday.

Also Tuesday, State Rep. Matt Lehman’s House Bill 1158 and State Sen. Travis Holdman’s Senate Bill 20 passed out of their respective committees, and Prescott’s House Concurrent Resolution 3 passed the House.

Prescott’s HB 1338 sets up a structure for local units of government to establish rules for public comment during meetings, including restrictions on time. It sets out a “three strike” procedure — two verbal warnings followed by removal — for enforcing those rules and clarifies that law enforcement officers can’t be held liable for removing individuals from those meetings.

In presenting the bill, Prescott (R-Union City) referred to “YouTube political agitators” who he said have caused disruption and harassed local government officials at meetings in Randolph County.

State Rep. David Abbott (R-Rome City), while saying he supports the measure, added that he has heard from some who expressed concern about what constitutes inappropriate behavior. Prescott pointed out that his bill leaves the rules to be established by each local government entity in consultation with their legal counsel. He said the goal is to have civil, open discussions.

“The last thing we want to do is violate anybody’s First Amendment rights,” said Prescott, who represents Jay, Randolph and Blackford counties as well as part of Delaware and Henry counties.

The bill also would clarify what areas of government property are open to the public. Off limits would be areas marked as restricted, designated as employee or authorized personnel only, locked or otherwise not accessible to the public.

Testifying in favor of the bill Tuesday were Winchester Mayor Bob McCoy, Indiana public access counselor Luke Britt, director of government affairs for the Association of Indiana Counties Ryan Hoff, attorney Jake German on behalf of Indiana County Commissioners and director of government affairs for Accelerate Indiana Municipalities Jenna Bentley.

McCoy detailed some of the issues that have occurred during Winchester City Council meetings, including visitors refusing to introduce themselves or adhere to time limits. Referencing one meeting in particular, he said, “It just got so out of hand that I walked out of the room after the meeting adjourned and the crowd just took over the council chambers. … It’s just been crazy.”

He noted that he received a letter from a resident who wanted to address city council but felt unable to do so because of the “circus” atmosphere and fear of retaliation.

“They just keep going, and a lot of times it's nothing to do with city business,” McCoy said, noting personal attacks and complaints about other units of government.

Britt, who acknowledged that it’s rare that he visits the Indiana General Assembly in support of a bill, said the issue is not unique to Winchester.

“It’s across the state,” he said, adding that the bill mirrors guidance his office has provided.

Britt added that it would be beneficial to keep meetings professional.

“I think it makes for a better opportunity for civic engagement,” he said, noting that if someone is disruptive it compromises the ability for others in attendance to observe and participate. “That’s what I’m most concerned about is making sure those are opportunities for everyone … so constituents can come see the work of their local government.”

Those in attendance voted unanimously to move the bill out of committee, with the vote held open to allow a member not in attendance to cast their vote. State Rep. Chris Campbell (D-West Lafayette) signed on to make it a bipartisan measure.

HB 1158 from Lehman (R-Berne), who represents northern Jay County as well as Adams and Wells counties, lays out procedures for counties to enter into contracts while exempting Marian County, which has a different form of government than others in the state with the mayor of Indianapolis as its executive.

The bill details that the county executive (county commissioners) would be able to specify language that contracts must include. It lays out a procedure for county elected officials to enter into contracts that includes submitting them to the county auditor who will then notify the president of the executive branch. The president would then have 15 days to review the legislation with assistance from the county attorney. If it was acceptable, the commissioners president could sign the contract or authorize the elected office to sign it. If not, the commissioners president could refuse to approve it but would have to provide a written statement to the officeholder regarding what needs to be changed.

The bill passed 11-0 out of the House Local Government Committee.

Senate Bill 20

The Senate Tax and Fiscal Policy Committee unanimously passed the bill authored by Holdman (R-Markle), who represents Jay, Adams, Wells and Blackford counties and part of Allen County. It would allow towns to establish riverfront districts. The districts, which are currently limited to cities, allow communities to provide additional liquor licenses at a lower cost in order to help drive economic development. It passed unanimously out of the committee.

Senate Bill 61

Also heard Tuesday by the Senate Tax and Fiscal Policy Committee, it would allow for petitions to create tourism improvement districts. Such districts would utilize a tax rate to generate funds for marketing and/or development. Holdman noted in advance that the bill was not intended to move forward Tuesday but to begin a discussion. All testimony Tuesday was in favor of the bill, with David Ober of Indiana Chamber of Commerce suggesting a handful of revisions.

House Concurrent Resolution 3

Authored by Prescott, the resolution that urges Indiana Department of Transportation to rename a section of Indiana 1 between Indiana 32 and Randolph County Road 900 West as Kyle Osgood Memorial Mile passed the full House 93-0 Tuesday afternoon. Osgood, a Farmland firefighter, died in May when his firetruck went off the road and flipped while responding to a call regarding a barn fire. He had been with the department for 15 years and was serving as assistant chief at the time of his death. The resolution now moves to the Indiana Senate where it will be carried by State Sens. Scott Alexander (R-Muncie), who represents Randolph County, and Jeff Raatz (R-Indianapolis).