STATE OF INDIANA 

MICHAEL R. FENCE, Governor Indiana Government Cenler South
402 West Washington Streel, Room w47o
Indianapolis, Indiana 4520472745
Telephone. 
Fax, (317)233-3091
Leon--2234501 3


 

June 27, 2016

Mr Roben Boiue

Re Formal Complain! 16-17012], Alleged Violation ofr'he Access to Public Records Act by the Vigo
Colin/y Emergency Managemem Agency

Dear Mr, Bogue'

This advisory opinion is in response to your formal complaint alleging the Vigo County Emergency
Managemem Agency ("Agency") violated the Access to Public Records Act Indiana Codc 
5714-3-1 et. seq, As orthe writing ofthis opinion, the Agency has not responded despite an invitation by
this omce to do so. Pursuant to Indiana Code 54454 0, I issue the following opinion to your formal
complaint received by the Office ofthe Public Access Counselor on May 31, 2016.

BACKGROUND

Your complaint dated May 31, 2016 alleges the Vigo County Emergency Management Agency violated
the Access to Public Records Act by failing to respond to your records request.

On May 19, 2016, you requested economic interest or conflict oflntei'est disclosures related to a named
indivldual, As nflhe filing of yuur complaint, you had nol received a response

ANALYSIS

The public policy of the APRA states that "throviding persons with information is an essential function
ofa representative government and an integral part ofthe routinc duties ofpublic officials and
employees, whose duty it is to provide the information," See Indiana Code 5447371, The Vigo County
Emergency Management Agency is a public agency for the purposes ofth 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 exempt under the APRA, See Indiana Code 5714- 3-3(u)

 

A request for records may be oral or written. Sec Indiana Code swarm); 5714737949. [l'thc
request is delivered by mail or facsimile and the agency does not. respond to the request within seven (7)
days ofreceipt, the request is deemed denied, See Indiana Code A response from the
public agency could be an acknowledgement the request has been received and information regarding
how or when the agency intends comply.

A public agency shall cooperate with the Public Access Counselor in any investigation or proceeding
See Indiana Code 5-14--5-5. This has not happened. Therefore, I cannot determine why the Agency did
not respond [0 your request or it'there was any statutoryjustification for its actions.

CONCLUSION

Based on the forgoing, it is the Opinion ofthe Public Access Counselor the Vigo County Emergency
Management Agency violated the Access to Public Records Act.

Regards,



Luke 11. Britt
Public Access Counselor