Comments on: EDC: Public or Private http://www.kemplog.com/2006/06/16/edc-public-or-private/ Life and law in Eastern Indiana Wed, 07 Jan 2009 16:31:38 +0000 http://wordpress.org/?v=2.6 By: Doug http://www.kemplog.com/2006/06/16/edc-public-or-private/#comment-1246 Doug Fri, 16 Jun 2006 14:22:47 +0000 http://www.kemplog.com/2006/06/16/edc-public-or-private/#comment-1246 Seems to me that the practical issue of whether the EDC could function effectively under the public records statute is beside the point. The only real question is whether it fits under the definition of IC 5-14-3-2(l): "Public agency" means the following: (1) Any board, commission, department, division, bureau, committee, agency, office, instrumentality, or authority, by whatever name designated, exercising any part of the executive, administrative, judicial, or legislative power of the state. (2) Any: (A) county, township, school corporation, city, or town, or any board, commission, department, division, bureau, committee, office, instrumentality, or authority of any county, township, school corporation, city, or town; (B) political subdivision (as defined by IC 36-1-2-13); or (C) other entity, or any office thereof, by whatever name designated, exercising in a limited geographical area the executive, administrative, judicial, or legislative power of the state or a delegated local governmental power. (3) Any entity or office that is subject to: (A) budget review by either the department of local government finance or the governing body of a county, city, town, township, or school corporation; or (B) an audit by the state board of accounts. . . . Seems to me that the practical issue of whether the EDC could function effectively under the public records statute is beside the point.

The only real question is whether it fits under the definition of IC 5-14-3-2(l):

“Public agency” means the following:
(1) Any board, commission, department, division, bureau, committee, agency, office, instrumentality, or authority, by whatever name designated, exercising any part of the executive, administrative, judicial, or legislative power of the state.

(2) Any:
(A) county, township, school corporation, city, or town, or any board, commission, department, division, bureau, committee, office, instrumentality, or authority of any county, township, school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name designated, exercising in a limited geographical area the executive, administrative, judicial, or legislative power of the state or a delegated local governmental power.

(3) Any entity or office that is subject to:
(A) budget review by either the department of local government finance or the governing body of a county, city, town, township, or school corporation; or
(B) an audit by the state board of accounts.

. . .

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