The CR files a formal complaint

The Commercial Review has filed a formal complaint against Jay County Commissioners.

The newspaper on Tuesday morning filed the formal complaint with the Office of the Public Access Counselor regarding commissioners’ May 2 administrative meeting.

The Commercial Review called the discussion of the county’s proposed contract with Jay County Development Corporation at the May 2 “administrative” meeting into question after it received a tip May 3 that the meeting occurred.

Typically, 48 hours notice to the public and the media is required for meetings. Indiana Code 5-14.1.5-5 provides an exception to the 48-hour notice rule under the following criteria:

“The executive of a county or the legislative body of a town if the meetings are held solely to carry out the administrative functions related to the county executive or town legislative body's executive powers. ‘Administrative functions’ means only routine activities that are reasonably related to the everyday internal management of the county or town, including conferring with, receiving information from, and making recommendations to staff members and other county or town officials or employees. ‘Administrative functions’ does not include:

(A) taking final action on public business;

(B) the exercise of legislative powers; or

(C) awarding of or entering into contracts, or any other action creating an obligation or otherwise binding the county or town.”

The Commercial Review asserted that discussion of the proposed contract with Jay County Development Corporation is not “routine” and is not “reasonably related to the everyday internal management of the county.”

County attorney Wes Schemenaur responded to that assertion in a statement near the conclusion of Monday’s Jay County Commissioners meeting. In that statement — it is printed in its entirety on today’s opinion page — he refers to Indiana Code 36-2-3.5-4. That section of Indiana Code reads that, “All powers and duties of the county that are executive or administrative in nature shall be exercised or performed by its executive, except to the extent that these powers and duties are expressly assigned to other elected officers.” Among the executive duties are to “negotiate contracts for the county.”

“This statute expressly makes the negotiation of contracts on behalf of the county an executive or administrative function,” he said.

Once a complaint is filed, the Office of the Public Access Counselor notifies the alleged offending agency. A copy of the complaint is sent to that agency, which then is given “approximately 20” days to respond. The agency may request more time.

An opinion from the public access counselor is typically issued within 40 to 45 days after a complaint is submitted.

Opinions issued by the public access counselor are advisory. In order to pursue further action, the issue would need to be taken to the court system.