Indiana’s Open Door Law Becomes Issue at Meeting of Bristol Town Council -By Bristol Bugle Newspaper Correspondent Jim Nickel

At the end of the June 17 meeting of the Bristol Town Council (BTC), President Tom Stutsman read a four-page hand-written statement responding to charges filed by BTC member Dan Watson. Watson had filed a formal complaint with the Public Access Counselor of the state of Indiana to the effect that Stutsman and others had violated the state’s Open Door Law on April 15, 2010.

The so-called Open Door Law (ODL) is officially titled “Public Meetings,” and consists of eight printed pages (Indiana Code 5-14-1.5). The purpose of the ODL is to see “that the official action of public agencies be conducted and taken openly . . . in order that the people may be fully informed.”

Section 2c of the statute defines a “meeting” as the “gathering of a majority of the governing body of a public agency for the purpose of taking official action upon public business. It does not include . . . any social or chance gathering not intended to avoid this chapter.”

Watson’s complaint arose from circumstances following the April meeting of the BTC, which ended earlier than usual, around 8:00 p.m. Several persons remained to engage in social conversation, including the other three members of the BTC, the town attorney, the town marshal, and the town manager. Because these informal discussions went on for more than an hour in the town hall, Watson contended that they constituted a violation of the Open Door Law.

Stutsman handed out copies of the response of Andrew Kossack, the Public Access Counselor, dated May 19. Kossack wrote: “. . . it is my opinion that if the Council did not gather to take official action upon public business following the adjournment of its meeting on April 15, 2010, the Council did not violate the ODL.”

Stutsman stated that no town business was conducted in the “social discussions” that followed the April meeting. He was upset that Watson did not accept the explanation of his associates on the BTC and that Watson had made a campaign speech referring to the alleged violation of the ODL.

Watson responded that, even if no legal violation had occurred, the incident contained the “appearance of impropriety.” Stutsman countered that the people of Bristol have more trust in their elected and paid officials than to automatically assume the worst in a situation like the one in question.

In other business, Marshal Michael Swallow reported that the best price he could find for severe weather radios was $26.90 in quantities of 50 or more. It was noted that, in the event of a tornado sighting, the town siren will sound, remaining at its peak level for an extended period. The basement of the Bristol Fire Department building is available for anyone needing a storm shelter.

The town manager, Bill Wuthrich, reported that a company called Kibbechem has purchased the North American Pipe facility on E. Vistula Street. He said the new owner wants to be a good neighbor and intends to run “a nice, clean operation.” Several improvements to the buildings and grounds are under way.

The town clerk, Mary Ryman, alerted the BTC to the fact that the town budget may have to be reduced by 10 to 20% this year.

An extended discussion took place about the recurring problem of items being stolen from Oakridge Cemetery. The idea of a gate was tabled for lack of funds. Marshal Swallow noted that any theft is a felony and should be reported to the police. He stated that stolen cemetery items were recovered in one past incident. He encouraged residents to take photos of items placed in the cemetery, so they can be included with a police report. He also urged all members of the public to report suspicious activity to the police department.

The Beautification Award for the month was given to Camille’s of Bristol, a new floral and gift shop at 502 W. Vistula.

The next meeting of the BTC is Thursday, July 15, at 7:00 p.m. at the town hall.

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