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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
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  • July 24
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • July 24
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • July 24
    Rotary Club
    7:15 a.m. Artist Colony Inn, 105 S. Van Buren St.
  • July 24
    'Fault in Our Stars' movie at the Playhouse
    4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • July 24
    Nashville Town Council
    6 p.m. Town Hall, 200 Commercial St.
  • July 24
    Amphibian talk at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • July 25
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • July 25
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • July 25
    'Fault in Our Stars' movie at the Playhouse
    4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • July 25
    Make a collage journal at Jerseyana
    5 to 8 p.m. Jerseyana, 156 S. Old School Way
  • July 25
    Karaoke at saloon
    9 p.m. to midnight Seasons Lodge, 560 State Road 46 East
  • July 25
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • July 25
    Friday at BCSP
    10 a.m., 2 p.m., 8:30 p.m. Brown County State Park, 1810 State Road 46 East
  • July 25
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, 225 S. Van Buren St.
  • July 26
    Live music at saloon
    9 p.m. to midnight Seasons Lodge, 560 State Road 46 East
  • July 26
    Euchre
    6 p.m. 746 Memorial Drive, (fairgrounds)
  • July 26
    Live music at winery
    7 to 10 p.m. Chateau Thomas Winery, 225 S. Van Buren St.
  • July 26
    'Soaring' sculpture dedication and picnic
    5 p.m., 5:30 to 7 p.m. Van Buren/Main, Main/Jefferson streets
  • July 26
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • July 26
    'Soaring' sculpture after-party
    7 to 10 p.m. Olde Magnolia House Inn, 213 S. Jefferson St.
  • July 26
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • July 26
    Fingerstyle guitar competition events
    1 to 5 p.m., 7:30 p.m. Brown County Playhouse, 70 S. Van Buren
  • July 26
    Saturday at BCSP
    10 a.m., 2 p.m., 8:30 p.m. Brown County State Park, 1810 State Road 46 East
  • July 26
    Live music at Big Woods Pizza Co.
    8 to 10 p.m. Big Woods Pizza Co., 44 N. Van Buren St.
  • July 27
    'Fault in Our Stars' movie at the Playhouse
    4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • July 27
    Antiques with Steve at Jerseyana
    5 to 8 p.m. Jerseyana, 156 S. Old School Way
  • July 27
    Walking stick workshop at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • July 28
    Monday at BCSP Nature Center
    10 a.m., 2 p.m., 8 p.m. Brown County State Park, 1810 State Road 46 East
  • July 29
    Euchre
    6 p.m. 746 Memorial Drive at the fairgrounds
  • July 29
    Geology talk at BCSP Nature Center
    10 a.m. Brown County State Park, 1810 State Road 46 East
  • July 29
    Brown County Commissioners executive session
    9 a.m. County Office Building, 201 N. Locust Lane
  • July 30
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • July 30
    Squirrel at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • July 31
    Rotary Club food booth open for the county fair
  • July 31
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • July 31
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • July 31
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • July 31
    'Transformers: Age of Extinction' movie at the Playhouse
    4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • July 31
    Thursday at BCSP
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • August 1
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 1
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 1
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • August 2
    Live jazz at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 2
    Euchre
    6 p.m. 746 Memorial Drive, (fairgrounds)
  • August 2
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • August 5
    Euchre
    6 p.m. 746 Memorial Drive, (fairgrounds)
  • August 6
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • August 7
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 7
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • August 7
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • August 8
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 8
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 8
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • August 9
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • August 9
    Euchre
    6 p.m. 746 Memorial Drive, (fairgrounds)
  • August 9
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • August 9
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • August 9
    Late night dancing at Out of the Ordinary
    9:30 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 12
    Euchre
    6 p.m. 746 Memorial Drive, (fairgrounds)
  • August 14
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • August 15
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • August 16
    Euchre
    6 p.m. 746 Memorial Drive, (fairgrounds)
  • August 17
    Church hosts 50-year anniversary for Catholic sister
    noon to 3 p.m. St. Agnes Catholic Church, 1008 McLary Road
  • August 22
    Live music at Out of the Ordinary
    7 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 23
    Late night dancing at Out of the Ordinary
    9:30 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • August 30
    Wagler Dairy hosts fifth annual ice cream social
    4:30 to 8 p.m. Wagler Dairy, 7085 Homestead Road
  • September 13
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • September 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road