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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 »

Melissa Ann Smith, 38, Nashville
  Mother of Michaela Smith of Nashville

James Lee "Jimmy" Bock, 47
  Brother of Patricia Bock of Nashville

Harry E. Tryon, 72, Indianapolis
  

  • September 18
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 18
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • September 18
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 18
    Nashville Town Council
    6:30 p.m. Town Hall, 200 Commercial St.
  • September 18
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • September 18
    Nashville Literary Club
    1:30 p.m. 1:40 p.m., 2 p.m. Brown County IGA, 30 Hawthorne Drive, or St. David's Episcopal Church
  • September 18
    Brown County Schools Board of Trustees
    5:30 p.m., 6:30 p.m. Brown County Intermediate School, 260 Schoolhouse Lane
  • September 18
    CSVFD
    7:30 p.m. CSVFD fire station, 101 Firehouse Road, Nineveh
  • September 19
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 19
    Quafftoberfest at music park/campground
    1 p.m. to midnight Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 19
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • September 19
    BucCornEar Fest for Jackson TVFD
    3 to 8 p.m. Jackson TVFD, 4831 Helmsburg Road, Helmsburg
  • September 20
    Quafftoberfest at music park/campground
    9 a.m. to midnight Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 20
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 20
    BucCornEar Fest for Jackson TVFD
    10 a.m. to 8 p.m. Jackson TVFD, 4831 Helmsburg Road, Helmsburg
  • September 20
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 20
    Dedication/celebration of BETA art sculpture
    11 a.m. BETA teen center, 45 S. Jefferson St., behind Miller's Ice Cream and Hoosier Artist at the alley intersection
  • September 20
    'The November Man' movie at the Playhouse
    1 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 21
    'The November Man' movie at the Playhouse
    1 p.m., 4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 22
    Free small business seminar presented by ISBDC
    5:30 p.m. Brown County Inn, 51 State Road 46 East
  • September 23
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • September 23
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 23
    New 12-step meetings open in Van Buren area
    7 to 8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • September 24
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • September 24
    CSCD Board of Directors
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • September 24
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 24
    BC Parks & Rec. Board
    5:15 p.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • September 24
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 25
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • September 25
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 26
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 26
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 27
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 27
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 27
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 27
    Fall family farm day at theraputic horse farm
    10 a.m. to 3 p.m. Hope for Hearts Farm Inc, 1005 W. State Road 45
  • September 27
    Women’s Retreat Day
    8:30 a.m. to 3 p.m. Salvation Army, 168 S. Jefferson St.
  • September 27
    Parks and recreation plans ladies tea
    10 a.m. Sweetea's Tea Shop, 225 S. Van Buren St. in Coachlight Square
  • September 27
    Betty Begonia sale slated for September
    9 a.m. to 4 p.m. Artist's Retreat Cottage, 1641 Oak Grove Road
  • September 28
    Therapy dogs to listen to readers
    2 to 3:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 30
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 30
    Nashville Development Review Commission
    6 p.m. Town Hall, 200 Commercial St.
  • October 1
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 2
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • October 2
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 2
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 3
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • October 4
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 4
    Chili supper, music and mystery auction at Hickory Ridge
    5 p.m. Hickory Ridge Center, 2314 Hickory Ridge Lane
  • October 5
    Herb barn hosts antique market
    10 a.m. to 4 p.m. Flower & Herb Barn, 5171 Bean Blossom Road, Nineveh
  • October 5
    Elkinsville community reunion near Browning Mountain
    Bill Miller's farm, Elkinsville
  • October 7
    Magic club
    5 p.m., 6:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 8
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 11
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • October 11
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 11
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • October 25
    BCSP Halloween activities
    5 to 6 p.m., 8 to 10 p.m. Brown County State Park, 1810 State Road 46 East
  • November 8
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road