06/17/2026
In spite of the ruling against the trustee's actions regarding the release of township records to me, the trustee continues to encumber my efforts to get access to township financial records that are uploaded monthly to Indiana. She insists that I must make an appointment to visit her office only during regular business hours only to "view" the records. I did not agree to that. I specifically asked for hard copies.
The Public Access Counselor made it very clear: “Respondent violated APRA by failing to PROVIDE the records AS REQUESTED.”
Allow me to summarize the salient points of the ruling AGAINST the trustee and in FAVOR of my complaint:
The Public Access Counselor clearly differentiates the process, priority, and responsibilities of the general public versus the governing body (aka the Board) to be able to easily and quickly access township records for the purpose of examination in order to fulfill their statutory duties.
With regard to the general public, Indiana Code states: “Any person may inspect and copy the public records of any public agency during the regular business hours of the agency. IC 5-14-3-3(a).”
However, with regard to the legislative body (the board) the Public Access Counselor cited other statutory references in her conclusions. The first being: “The legislative body may SEND FOR persons, books, and papers necessary in the examination of the report. IC 36-6-6-9(b).” (emphasis added)
“Send for” does not mean a member of the legislative body must appear in person (as she insists) at the trustee’s office during regular business hours but rather, at the member’s discretion may request copies of records and reports and designate anyone he/she chooses to retrieve them. It must be noted that when Acts 1980, P.L.212, SEC.5 entered this provision into Indiana law, access of information thru the internet was not contemplated since it did not exist at the time, which also means it is not to be excluded from consideration as it applies today.
PAC Advisory Opinion 24-FC-62 states as follows:
“Therefore, there can be no question that the financial, business, and operational records of the township’s administrative duties should be open to anyone who cares to inspect them.
THIS IS ESPECIALLY TRUE WHEN AN ADVISORY BOARD MEMBER SEEKS TO INSPECT THESE RECORDS. THE BOARD HAS A STATUTORY INTEREST IN THESE RECORDS AND SHOULD BE FREELY AVAILABLE TO THEM, WITHOUT THE NEED TO SEND A PUBLIC RECORDS REQUEST” (emphasis added)
“Freely available” does not mean that the board member must be inconvenienced by having to schedule an appointment with the trustee during the trustee’s hours when that board member may not available due to work obligations or other commitments… “freely available” means the board member may be able to use any means to freely and quickly access information the board member is entitled to.
Opinion 20-FC-133 says:
“Insofar as information sharing between public officials is concerned, a township trustee is not the exclusive record holder for the township. THE ADVISORY BOARD IS ALSO DESIGNATED AS A STATUTORY RECORD HOLDER AND IS PRIVY TO ALL THE INFORMATION A TRUSTEE HAS IN THEIR POSSESSION... See Ind. Code § 36-6-6-9. (emphasis added)
As a “statutory record holder” a board member has identical privileges to access all township financial information in the same manner as the trustee, which includes direct access to reports that the trustee uploads to the State of Indiana.
Yet the trustee falsely claims: “In regard to Gateway access, no board member is given access to Gateway.” There is exactly zero statutory, APRA, Advisory Opinion, precedent, or any other support for such a false assertion.
This continued obfuscation can no longer be tolerated.