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July 2, 2019

Request: Did the Linton Industrial Development Corporation (LIDC) violate the open meetings law when it failed to comply with meeting notice requirements, announce its legal authority for holding an executive session, allegedly held an unauthorized executive session, and held “meetings” through various means without comply with the open meetings law requirements?

Conclusion:   The LIDC held an executive session during a meeting on February 13, 2019. The LIDC only has meeting agendas available at its principal office on the day of the meeting and does not post the agenda on its website or with the city auditor, or at the location of the meeting on the day of the meeting. The LIDC failed to properly comply with notice requirements, and also failed to announce during the open portion the legal authority for holding a closed executive session, in violation of the law. However, the LIDC did not violate the law by holding an executive session because the information discussed was privileged financial, trade secret or commercial information. The LIDC also did not hold meetings through various means such as email or text messages.

Opinion 2019-O-12

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