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Public access counselor reverses decision on Stellar UPDATED 6:45 p.m. Thursday
Updated on: 07.10.14

The Nashville-Brown County Stellar Communties committee is a governing body and is subject to all the provisions of the Open Door Law, Indiana Public Access Counselor Luke Britt said late this afternoon -- a reversal of his earlier opinion.

"Additional evidence has come to light which suggests my initial conclusion may have been erroneous," Britt wrote. "My determination was based on the town's assertion the committee was exclusive(ly) comprised of volunteers and they were not appointed in any manner by the presiding officer of a governing body. In short, they were not operating as a delegation or sub-committee of another public agency. They were simply an association of concerned citizens, even though many of its members happened to be public officials."

Britt's first opinion, issued June 23, was based on a complaint filed by attorney Wanda Jones, representing a group that wants to delay Nashville's Stellar application until more public input and study can be put into the projects.

On July 1, Jones filed a 27-page response to Britt's initial ruling, arguing that committee members were acting in their capacity as town and county officials and that the non-officials on the committee were "chosen" by Nashville Town Council President Bob Kirlin. She said the committee performed the functions of a governing body, including making recommendations and decisions on what projects the Stellar proposal would include.

In today's opinion, Britt agrees: "It is explicitly stated the town and county has 'chosen' the Stellar Community committee," he writes, about the town and county's Stellar letter of intent. "This indicates the committee was not formed organically by a group of volunteers as was suggested in the town's response to formal complaint 14-FC-109."

The local Stellar committee is "exercising an executive function of local government and taking official action of public business." he concludes. Therefore, it is subject to the Open Door Law which requires all meetings to be open to the public "in order that the people may be fully informed."

The second half of Jones' complaint centered on public records requests which she said were either unfulfilled, were only fulfilled by being directed to the town attorney and not through normal channels, or were fulfilled in a way that wasn't easily accessible.

Britt said the Access to Public Records Act does not prohibit the town from designating someone to fulfill records requests, and given the "history of contention between you (or your clients) and the town, it is not unreasonable to ask you to direct your requests to the town's attorney." But he also notes that "the technology used should not be so complicated to the point of being challenging to use," referring to Jones' complaints about being directed to a password-protected email account and a thumb drive to access requested documents. Some were later delivered to Jones' office.

Britt said Jones and her clients, the Concerned Citizens of Brown County, are entitled to at least one copy of each record they seek -- and that could be electronic, as long as the copy is "viable."

Impact on Friday's presentation

The state Stellar committee is scheduled to visit Nashville from about 9 a.m. to 12:30 p.m. Friday, starting and ending at Out of the Ordinary restaurant.

Concerned Citizens of Brown County said they were not allowed inside that gathering. They planned to show their nonsupport of this year's Stellar application outside the restaurant.

Britt's opinion, however, says that the Stellar committee is a public body required to open its meetings to the public.

Neither Kirlin nor Town Attorney James T. Roberts could be reached for comment Thursday evening.

Read Britt's ruling by clicking here.

Obituaries
See Full List »

Elmer Cole Wilborn, 82, Brown County
  Husband of Martha Ann (Windle) Wilborn of Brown County

Harold Edwin 'Hal' Taylor, 96, Bloomington
  Former rector at St. David's Episcopal Church in Bean Blossom

Sharon K. Fox, 60, of Worthington
  

  • March 1
    'Paddington' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 2
    Gnaw Bone Sewage District
    5:30 p.m. Library, 205 N. Locust Lane
  • March 2
    High school to show film on current political issues in education
    6:30 p.m. BCHS, 235 School House Lane
  • March 2
    Deadline for free trauma care workshop
  • March 3
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 3
    CSCD Building Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • March 3
    Nashville Redevelopment Commission
    4:30 p.m. Town Hall, 200 Commercial St.
  • March 3
    Bean Blossom Sewer Board
    7:30 p.m. County Office Building, 201 N. Locust Lane
  • March 4
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • March 4
    Nashville Main Street Committee
    9:30 a.m. Town Hall, 200 Commercial St.
  • March 4
    Brown County SWCD
    5 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • March 4
    Nashville Development Review Commission
    5 p.m. Town Hall, 200 Commercial St.
  • March 4
    Woodworkers Club
    7 p.m. Library, 205 N. Locust Lane
  • March 5
    Go Club meeting Thursday
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • March 5
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • March 5
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • March 5
    Nashville Town Council
    6:30 p.m. Town Hall, 200 Commercial St.
  • March 5
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 6
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • March 6
    'SpongeBob Movie' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 7
    Meet your legislators at County Office Building
    10 a.m. County Office Building, 201 N. Locust Lane
  • March 7
    Meet 'Wilderness Plots' author at the library
    7 p.m. Library, 205 N. Locust Lane
  • March 7
    Music celebration at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 7
    Dave Miller at Abe Martin Lodge
    7:30 p.m. Brown County State Park, State Road 46 East
  • March 8
    'Wilderness Plots'-themed concert planned
    4 p.m. BCHS, 235 School House Lane
  • March 8
    Brown County bridal tour slated
    10 a.m. to 6 p.m. various locations
  • March 8
    'SpongeBob Movie' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • March 9
    Beeline beekeepers club
    7 p.m. Library, 205 N. Locust Lane
  • March 10
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • March 10
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    6 p.m. Brown County History Center, 90 E. Gould
  • March 10
    Peaceful Valley Heritage meeting
    6:30 p.m. Brown County Presbyterian Fellowship, 602 State Road 135 North
  • March 10
    CSCD Roads, Security commissions
    6 p.m., 7:30 p.m. CSCD Office, 8377 Cordry Drive; CSLOA Clubhouse, 8751 Nineveh Road
  • March 11
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • March 12
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • March 12
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 13
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North.
  • March 14
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • March 14
    Dave Miller at Abe Martin Lodge
    7:30 p.m. Brown County State Park, State Road 46 East
  • March 19
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • March 20
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • March 21
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • March 21
    Jackson Township VFD yard sale
    8 a.m. to 5 p.m. Jackson Township Fire Department, 4831 Helmsburg Road
  • April 24
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 25
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 26
    County history center dedication slated
    2 p.m. Brown County History Center, 90 E. Gould
  • April 26
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont