Dear Governor Holcomb: Veto HEA 1338
Act Now! Help keep Indiana's PAC strong! Take a few moments to write and call the Governor’s office and encourage a veto of HEA 1338.
Can you spare a few moments to write and call the Governor’s office to encourage a veto of HEA 1338 and help keep the Public Access Counselor’s Office strong?
Call: 317-232-4567
Email Form
If you haven’t been following HB 1338 (read the full bill here), there are grave changes to a variety of open government provisions in Indiana Code.
In particular, changes to the Public Access Counselor’s Office position that would make it an at-will appointment and changes for how advisory opinions can be created:
The public access counselor shall serve at the pleasure of the governor.
When issuing an advisory opinion, the public access counselor shall consider only:
(1) the public access laws, as plainly written; and
(2) valid opinions of Indiana courts.
We have highlighted different articles from State Affairs, Indiana Capital Chronicle, Indiana Citizen, IndyStar, and the Tribune-Star covering this bill, you can find all of the coverage here: https://indianacog.org/tag/hb1338/
If you have additional coverage, please share.
Need further context, read the bill (it’s short, 11 legislation format pages) and check out our open letter here: https://indianacog.org/2024/03/11/dear-governor-holcomb-veto-hea-1338/
Highlights from the Open Letter
The recent amendments to HEA 1338, particularly those affecting the Public Access Counselor (PAC) and adjustments to the Open Door Law, require that I must share the impact these changes will have on our state’s transparency and accountability under the Access to Public Records Act (APRA) and Open Door Law (ODL).
Transforming the PAC position to at-will employment will gravely affect its independence and the crucial role it plays in upholding the principles of open government in the Hoosier state. The ability of the PAC to provide impartial oversight is foundational to maintaining public trust and ensuring that the APRA and ODL continue to serve their intended purpose of promoting transparency, accountability, and a representative government in Indiana.
Moreover, the adjustments made to the Open Door Law, particularly those that will limit public access to meetings of committees appointed by governing bodies, moves us away from the greater openness and transparency we must preserve and expand.
Such changes risk making governmental operations less visible to the citizens of Indiana, eroding trust, decreasing public engagement, and make the citizenry less informed of the government that represents them.
The foundational aim of HEA 1338 to enhance public meeting decorum is understandable. However, the inclusion of provisions that could potentially narrow the scope of transparency and accountability through arbitrary rules prompts serious concern. This is particularly true regarding the exclusions of certain bodies from the new sections of the Open Door Law, which warrants a closer examination.
Thank you again for helping keep Indiana an transparent, open, and accountable state.
Take care,
Zachary Baiel
President