Indiana Public Access Counselor says Randolph Plan Commission violated spirit of access law in CAFO regs
Seth Slabaugh, over at the Star Press says the Randolph County plan Commission’s December 27, 2007 meeting, at which it approved a CAFO regulation that permitted CAFO’s on the vast majority of county property pushed the limits on Indiana’s open door law:
Allen Hutchison and nine other citizens filed complaints with Indiana Public Access Counselor Heather Willis Neal stating that the meeting room was packed to its capacity of 60 and that another 70 people had to wait in the hallway. They alleged violation of the Open Door Law.
Commission attorney Robert Oliver Jr. told Neal the commission had no knowledge or expectation that a large crowd would appear.According to Neal, a public meeting location does not have to accommodate every member of the public who wishes to attend.
“While I cannot find the commission violated the letter of the law, it certainly came close to violating the spirit of the law,” Neal wrote in an advisory opinion. “When more people are excluded from a meeting than are admitted, the purpose of the Open Door Law is frustrated.”
She urged the commission to be mindful of the spirit of the law in the future.
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