STATE OF INDIANA MICHAEL R. FENCE, Governor lndiane Government center South 402 West Street, Room W470 Indianapolis, Indiana 46204-2745 Telephone: (317)234e0905 Fax' (317)2333091 14300-228601 3 in gov/par; June 28. 2016 Mr. Robert Bo me Re: Formal Complaint 1 6eFCe123: Alleged Violation ofthe Accexs [0 Public Records Act by [he Vigo County Human Resources Department Dear Mr. Bogue: This advisory opinion is in response to your formal complaint alleging the Vigo County Iluman Resources Department ("Department") violatud the Access to Public Records Act Indiana Code 544371 et. seq The Department has responded via Mr, Michael J. Wright, Esq. His response is enclosed for your review. Pursuant to Indiana Code 5445-10, issue the following opinion to your founal complaint received by the Otrice ofthe Public Access Counselor on May 31, 2016. BACKGROUND Your complaint dated May 3 l, 2016 alleges the Vigo County Human Resources Department violated the to Public Records Act by failing to respond to your records request. On May to, 2016. you requested via email statements ofcconomic interest or of interest disclosures related to a named individual. As ofth filing or your complaint you had not receivctt a response, On Junc 17, 2016 the Department responded. The Department notes conflict of interest disclosures would have been flied with the Vigo County Auditor and not the DepannienL Neither the Depanment nor Auditor have records responsive to your request. The Department does not state why your records rcquest was not denied in writing ANALYSIS The public policy orthe APRA states that "(p)roviding persons with information is an essential function ot'o representative government and an integral part otthe routine duties orpuhlic officials and employees, whose duty it is to provide the information." See Indiana Code yi 5444.1, The Vign County Emergency Management Agency is a public agency for rite purposes ofthe APRA. See Indiana Code Accordingly, any person has the right to inspect and copy the Agency's disclosable public records during regular business hours unless the records are protected from disclosure as confidential or otherwise exempt under the APRA. See Indiana Code 3-364). A request for records may be oral or Written, See Indiana Code If the request IS delivered by mail or facetmile and the agency does not respond to rcqucst wtthin seven (7) days of receipt, the request is deemed denied See Indiana Code? 5714r3v9(b/. A response from the public agency could be an acknowledgement request has been received and information regarding how or when the agency intends to comply. A public agency, such as the Department, is required to respond to a request within seven (7) days. 'l'ltc Department has not stated why it failed to respond to your request. It alleges you never appeared at the Auditor's omoe to request records, however, you have provided email documentation wherein the Auditor was clearly copied it has stated that it does not have the records you requested, but has provided payroll records which it hopes satisfy your request, CONCLUSION Based on the forgoing, it is the Opinion ofthc Public Access Counselor County Human Resources Department violated the Access to Public Records Act by failing to to your request wtthin seven (7) days, however, has fulfilled your request through the formal complaint process. Regards, Luke H. Brill Public Access Counselor Cc: Mr. Miehaei Jr Wright, Esq. The Board of Commissioners of Vigo County 650 S. STREET TERRE HAUTE, INDIANA 4780'? (812) 462-336? Fax: (812) 234-2409 Commissioners Jon Marvel, Isl District judith A. Anderson, 2nd District Brad Anderson, 3rd District June 17, 2016 Lake H. Britt Public Access Counselor Indiana Government Center South 402 West Washington Street, Room W470 Indianapolis, IN 46204?2745 Delta? tn: tl. (?resent/ten SENT VIA EMAIL AND US REGULAR MAIL PU BLIC ACCESS COUNSELOR RE: Formal Complaint l6-FC-l ll 16-FC-123 Dear Mr. Britt: My name is Michael J. Wright and I am the County Attorney for Vigo County, Indiana. This letter will serve as the formal response for Mr. Timothy Seprodi, the Vigo County Auditor, for the formal complaints referenced in the subject line of this letter, as well for Connie Flood (Human Resources) and James Bramble (Treasurer). As you know Indiana Code 5-14?33 provides in LC. 5-14-36 (3) and See. 3. Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter. A request for impection or copying must: (1) identify with reasonable particularity the record being requested; and (2) be, at the discretion of the agency, in writing on or in a form provided by the agency. No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute. A public agency may not deny or interfere with the exercise of the right stated in subsection (21). Within a reasonable time after the request is received by the agency, the public agency shall either: (1) provide the requested copies to the person making the request; or (2) allow the person to make copies: (A) on the agency's equipment; or (B) on the person's own equipment. To my knowledge,Mr. Bogue never appeared at the of?ce of the Vigo County Auditor and was denied access to any records. it appears Mr. Bogue sent an e-mail to the County Auditor requesting information pertaining to the payroll records for Mr. M). Kesler, an employee of Vigo County Emergency Management (see attached payroll records). By this response, this information is being provided to Mr. Bogue. Furthermore, Mr. Seprodi has already informed Mr. Bogue that the records requested: ?copies of any statements economic interest and/or con?ict of interest disclosure statements,? do not exist with the Vigo County Auditor, which is who they would need to be ?led with if Mr. JD. Kesler was an elected of?cial or operated an outside business which performed services for Vi go County (see attached e?mail). All the salary information Mr. Bogue requested is readily available online through the Indiana Gateway System and this information was-passed onto Mr. Bogue. Personally, I have spoken with Mr. Bogue around a half?dozen times about Mr. JD. Kesler. Mr. Bogue contends he was told by the Human Resource Director, some time ago, that in order for a person to apply for a position with Vigo County Emergency Management, the applicant needed an Indiana Drivers License. I have no idea if this statement was uttered, but Mr. Bogue refuses to believe what I have repeatedly told him that any person can apply for a position with Vi go County Emergency Management, or any position in Vigo County Government, our insurance carrier simply provides that in order to be covered by Vigo County?s insurance policy they (the potential applicants) be validly licensed by any state to operate the equipment/vehicle anticipated by their job description. Mr. Bogue has stated to me on the phone that Mr. JD. Kesler lives in and based on what Human Resources has told him, Mr. JD. Kesler should not be allowed to work for Vigo County Emergency Management. i realize the motive of the person making the request plays no role in the Access to Public Records Ac but I believe this request to be for purposes of harassment. JUt?l 20t6 I PUBLIC ACCESS COUNSELOR Maw?Ann, In any event, we payroll momds are and ifyou should have any quesnons or eoneems, please de nol hesitate lo contafl me Funhennorc, I do nox believe the APRA has been vxolated as Mr Bogus has never been demed access to (his mformauon. Sincurely, Michael], Enclosures 7 as noted above CC Mr. "figuc -- SW JUN 1 7 2016 elfi' PUBLIC ACCESS CO UNSELOR Brewer, Dale From: Michael Sent: Friday, June1 2016 ~04 PM To: Brewer. Dale:-- Subject: Response Io Forma} Complainl Attachments: Letter (or Formal Complalnt - Tim Seprodi - JD. Keslerpdl; Paymn Records for Kestewdl, E-mau