2017 Indiana Code
TITLE 5. State and Local Administration
ARTICLE 14. PUBLIC RECORDS AND PUBLIC MEETINGS
CHAPTER 3. Access to Public Records
5-14-3-9.5. Civil penalties imposed on public agency, officer, or management level employee
Sec. 9.5. (a) This section does not apply to any matter regarding:
(1) the work product of the legislative services agency under personnel rules approved by the legislative council; or
(2) the work product of individual members and the partisan staffs of the general assembly.
(b) As used in subsections (c) through (k), "individual" means:
(1) an officer of a public agency; or
(2) an individual employed in a management level position with a public agency.
(c) If an individual:
(1) continues to deny a request that complies with section 3(b) of this chapter for inspection or copying of a public record after the public access counselor has issued an advisory opinion:
(A) regarding the request for inspection or copying of the public record; and
(B) that instructs the public agency to allow access to the public record; and
(2) denies the request with the specific intent to unlawfully withhold a public record that is subject to disclosure under this chapter;
the individual and the public agency employing the individual are subject to a civil penalty under subsection (h).
(d) If an individual intentionally charges a copying fee that the individual knows exceeds the amount set by statute, fee schedule, ordinance, or court order, the individual is subject to a civil penalty under subsection (h).
(e) A civil penalty may only be imposed as part of an action filed under section 9 of this chapter. A court may not impose a civil penalty under this section unless the public access counselor has issued an advisory opinion:
(1) to the complainant and the public agency;
(2) that instructs the public agency to allow access to the public record; and
(3) before the action under section 9 of this chapter is filed.
Nothing in this section prevents both the person requesting the public record and the public agency from requesting an advisory opinion from the public access counselor.
(f) It is a defense to the imposition of a civil penalty under this section that the individual denied access to a public record in reliance on either of the following:
(1) An opinion of the public agency's legal counsel.
(2) An opinion of the attorney general.
(g) A court may impose a civil penalty for a violation under subsection (c) against one (1) or more of the following:
(1) The individual named as a defendant in the action.
(2) The public agency named as a defendant in the action.
(h) In an action under this section, a court may impose the following civil penalties:
(1) Not more than one hundred dollars ($100) for the first violation.
(2) Not more than five hundred dollars ($500) for each additional violation.
A civil penalty imposed under this section is in addition to any other civil or criminal penalty imposed. However, in any one (1) action brought under this section, a court may impose only one (1) civil penalty against an individual, even if the court finds that the individual committed multiple violations. This subsection does not preclude a court from imposing another civil penalty against an individual in a separate action, but an individual may not be assessed more than one (1) civil penalty in any one (1) action brought under this section.
(i) A court shall distribute monthly to the auditor of state any penalties collected under this section for deposit in the education fund established by IC 5-14-4-14.
(j) An individual is personally liable for a civil penalty imposed on the individual under this section. A civil penalty imposed against a public agency under this section shall be paid from the public agency's budget.
(k) If an officer of a public agency directs an individual who is employed in a management level position to deny a request as described in subsection (c)(1), the management level employee is not subject to civil penalties under subsection (h).
As added by P.L.134-2012, SEC.20.
