CHAPTER 5. FORMAL COMPLAINT PROCEDURE
IC 5-14-5
Chapter 5. Formal Complaint Procedure
IC 5-14-5-1
"Counselor" defined
Sec. 1. As used in this chapter, "counselor" refers to the public
access counselor appointed under IC 5-14-4-6.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-2
"Person" defined
Sec. 2. As used in this chapter, "person" means an individual, a
business, a corporation, an association, or an organization. The term
does not include a public agency.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-3
"Public agency" defined
Sec. 3. As used in this chapter, "public agency" has the meaning
set forth in:
(1) IC 5-14-1.5-2, for purposes of matters concerning public
meetings; and
(2) IC 5-14-3-2, for purposes of matters concerning public
records.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-4
Complaint not required to file action
Sec. 4. A person or a public agency is not required to file a
complaint under this chapter before filing an action under
IC 5-14-1.5 or IC 5-14-3.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-5
Cooperation from public agencies
Sec. 5. A public agency shall cooperate with the counselor in any
investigation or proceeding under this chapter.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-6
Grounds for complaint
Sec. 6. A person or a public agency denied:
(1) the right to inspect or copy records under IC 5-14-3;
(2) the right to attend any public meeting of a public agency in
violation of IC 5-14-1.5; or
(3) any other right conferred by IC 5-14-3 or IC 5-14-1.5 or any
other state statute or rule governing access to public meetings
or public records;
may file a formal complaint with the counselor under the procedure
prescribed by this chapter or may make an informal inquiry under
IC 5-14-4-10(5).
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-7
Time for filing complaint
Sec. 7. (a) A person or a public agency that chooses to file a
formal complaint with the counselor must file the complaint not later
than thirty (30) days after:
(1) the denial; or
(2) the person filing the complaint receives notice in fact that a
meeting was held by a public agency, if the meeting was
conducted secretly or without notice.
(b) A complaint is considered filed on the date it is:
(1) received by the counselor; or
(2) postmarked, if received more than thirty (30) days after the
date of the denial that is the subject of the complaint.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-8
Complaint forwarded to public agency
Sec. 8. When the counselor receives a complaint under section 7
of this chapter, the counselor shall immediately forward a copy of the
complaint to the public agency that is the subject of the complaint.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-9
Advisory opinion
Sec. 9. Except as provided in section 10 of this chapter, the
counselor shall issue an advisory opinion on the complaint not later
than thirty (30) days after the complaint is filed.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-10
Priority of complaints
Sec. 10. (a) If the counselor determines that a complaint has
priority, the counselor shall issue an advisory opinion on the
complaint not later than seven (7) days after the complaint is filed.
(b) The counselor shall adopt rules under IC 4-22-2 establishing
criteria for complaints that have priority.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-11
Form of complaint
Sec. 11. The public access counselor shall determine the form of
a formal complaint filed under this chapter.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.
IC 5-14-5-12
Statute of limitations
Sec. 12. The filing of a formal complaint under this chapter does
not delay the running of a statute of limitation that applies to a
lawsuit under IC 5-14-1.5 or IC 5-14-3 concerning the subject matter
of the complaint.
As added by P.L.70-1999, SEC.5 and P.L.191-1999, SEC.5.