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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.

  • April 25
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 25
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • April 25
    Wildflower foray slated at historic site
    TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • April 25
    Indiana Wine Fair returns to Story Inn
    12:30 to 7 p.m. Story Inn, 6404 State Road 135 South
  • April 25
    Chamber of Commerce to host ribbon cutting for BC Community Foundation
    2 p.m. BC Community Foundation, 209 N. Van Buren St
  • April 25
    Art classes set for fourth Saturdays at winery
    3 to 5 p.m. Chateau Thomas Winery, Coachlight Square, 225 S. Van Buren St.
  • April 25
    Women invited for free day of pampering
    10 a.m. to 3 p.m. Hope for Hearts Farm, 1005 State Road 45, 1 mile west of 135/Bean Blossom
  • April 25
    Grand opening of gun, sporting goods store slated
    10 a.m. to 5 p.m. Buck Shot Sporting Goods, 175 S. Jefferson St.
  • April 25
    Youth art show award presentation
    1 to 5 p.m. BC Art Guild, 48 S. Van Buren St.
  • April 25
    Plant sale planned at state park
    9 a.m. until all sold Brown County State Park, State Road 46 East
  • April 25
    Craft fair to support Brown County 4-H
    9 a.m. to 3 p.m. fairgrounds
  • April 25
    Johnson County REMC annual meeting
    10 a.m. Franklin Community High School, 2600 Cumberland Dr.
  • April 25
    Annual library plant sale
    9 a.m. to noon Library, 205 N. Locust Lane
  • April 25
    Morel Mushroom Festival at music park
    9 a.m. to midnight Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • 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
  • April 26
    'McFarland, USA' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • April 26
    Morel Festival gospel service at music park
    10 a.m. Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • April 26
    Southern gospel quartet at Gnaw Bone church
    9 a.m. Country Gospel Music Church, 5181 State Road 46 East
  • April 26
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • April 27
    BC Alcoholic Beverage Board
    11 a.m. County Office Building, 201 N. Locust Lane
  • April 28
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • April 28
    BC Convention & Visitors Bureau
    8:30 a.m. Brown County State Park, 1450 State Road 46 East (north entrance)
  • April 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 28
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • April 29
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • April 29
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • April 29
    Lake Lemon Conservancy District Board
    6 p.m. Benton Township Senior Center, 7606 State Road 45, Unionville
  • April 29
    BC Sheriff's Merit Board
    4 p.m. Sheriff's Office, Law Enforcement Center, 55 State Road 46 East
  • April 30
    Go Club at the library
    4 to 6 p.m. Brown County Public Library, 205 N. Locust Lane
  • April 30
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • April 30
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • May 1
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 1
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 6 p.m. Brown County 4-H fairgrounds
  • May 1
    'Back to the Future' at the Playhouse
    7 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 2
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Brown County State Park, State Road 46 East
  • May 2
    Morel Mushroom sale & festival at state park Nature Center
    10 a.m. to 4 p.m. Brown County State Park, 1450 State Road 46 East (north entrance)
  • May 2
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 3 p.m. Brown County 4-H fairgrounds
  • May 2
    Spring Blossom Festival dance planned
    6 to 10 p.m. The Seasons Lodge, 560 State Road 46 East
  • May 2
    Spring Blossom Parade and food drive downtown
    11 a.m. downtown Nashville
  • May 3
    Read to a dog at the library
    2 to 3:30 p.m. Library, 205 N. Locust Lane
  • May 3
    Dave Miller at Abe Martin Lodge
    Noon to 2 p.m. Brown County State Park, State Road 46 East
  • May 3
    'The Second Best Exotic Marigold Hotel' at the Playhouse
    4 p.m., 7 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 3
    Antique tractor, engine and machinery show at the fairgrounds
    7 a.m. to 1:30 p.m. Brown County 4-H fairgrounds
  • May 5
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 5
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • May 6
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 7
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • May 7
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • May 7
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • May 8
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 9
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • May 9
    Open house conducted at New Song
    9 to 11 a.m. New Song Mission, 7202 Keith Donaldson Road, Freetown
  • May 11
    BC Election Board
    2 p.m. County Office Building, 201 N. Locust Lane
  • May 13
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 14
    Local Coordinating Council
    8 a.m. Comm. Corrections Office, Suite B, lower level of Veterans Hall, 902 Deer Run Lane,
  • May 16
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • May 16
    Rock & mineral club
    6 p.m. Extension Office, 802 Memorial Drive at the fairgrounds
  • May 16
    Historic site hosts outdoor art contest
    7 a.m. to 4 p.m. TC Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • June 20
    Pollinator Awareness Day at state park Nature Center
    9 a.m. to 4 p.m. Brown County State Park, 1450 State Road 46 East (north entrance)