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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 »

Joel 'Joe' F. White, 81, Brown County
  Husband of Barbara (Lotshaw) White; stepfather of Dana Steele of Brown County

Anne Marie “Annie” (Beeson) Endris, 43, Nashville
  

Brian L. Lawalin, 56, Indianapolis
  Son of Rosie Lawalin of Brown County; father of Daven Lawalin and Jamie Rainwater, both of Trafalgar

  • May 25
    Government Offices CLOSED
  • May 26
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 26
    BC Area Plan Commission CANCELED
    County Office Building, 201 N. Locust Lane
  • May 26
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • May 27
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • May 27
    BC Sheriff's Merit Board
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    BC Board of Zoning Appeals
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    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • May 29
    Farmers market reopens in Bean Bean Blossom
    4 p.m. St. David's Episcopal Church, 11 State Road 45 at 135 North, Bean Blossom
  • May 29
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • May 29
    Gospel jubilee at Redbarn
    8 p.m. RedBarn Jamboree, 71 Parkview Road off 46 East
  • May 30
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • May 30
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Brown County State Park, State Road 46 East
  • May 30
    Comedy tour at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • May 31
    Dave Miller at Abe Martin Lodge
    10 a.m. to noon Abe Martin Lodge, Brown County State Park
  • June 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • June 2
    Open 12-step meeting in New Bellsville area
    8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • June 2
    Bean Blossom Sewer Board
    6:30 p.m. County Office Building, 201 N. Locust Lane
  • June 3
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • June 4
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • June 4
    WRAPS
    7 to 9 p.m. Library, 205 N. Locust Lane
  • June 4
    Gospel jam & sing first Thursday in Gnaw Bone
    6:30 p.m. Country Gospel Church, 5181 State Road 46 East
  • June 5
    Strawberry fest during farmers market
    4 p.m. St. David's Episcopal Church, 11 State Road 45 at 135 North, Bean Blossom
  • June 5
    Bingo
    5 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • June 5
    Gospel jubilee at Redbarn
    8 p.m. RedBarn Jamboree, 71 Parkview Road, off 46 East
  • June 6
    Shrine parade celebrates summer
    11 a.m. downtown Nashville
  • June 7
    Read to dogs at the library
    2 to 3:30 p.m. Library, 205 N. Locust Lane
  • June 11
    Gospel jam & sing at Gnaw Bone church
    6:30 p.m. Country Gospel Church, 5181 State Road 46 East
  • June 12
    BC photography club
    7 to 9 p.m. Library, 205 N. Locust Lane
  • June 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • June 13
    Open house conducted at New Song
    9 to 11 a.m. New Song Mission, 7202 Keith Donaldson Road, Freetown
  • June 15
    Essential oil class at tea shop
    6 p.m. Sweetea's Tea Shop, 225 S. Van Buren St., Suite C, Coachlight Square
  • June 17
    Hamblen Fire District
    7 p.m. Hamblen Fire Station, 4650 Sweetwater Trail, Gatesville
  • June 20
    Rock & mineral club
    6 p.m. Extension Office, 802 Memorial Drive at the fairgrounds
  • 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)
  • July 11
    Health fair at the YMCA
    8 a.m. to noon YMCA, 105 Willow St.