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2009 Indiana Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagin0009 and id is 1 raw text is: ANNUAL REPORT OF THE INDIANA PUBLIC ACCESS COUNSELOR To the Indiana General Assembly July 1, 2008 through June 30, 2009 Pursuant to Ind. Code § 5-14-4-12, the Indiana Public Access Counselor (PAC) hereby submits this annual report of activities for the time period covering July 1, 2008 through June 30, 2009.1 This report is presented in three parts: in Part I a narrative summary of the activities of the PAC; in Part II the information required to be submitted pursuant to I.C. § 5-14-4-12; and in Part III appendices listing presentations given and advisory opinions issued in the past year. PART I Annual Report Narrative Public Access Counselor and Staff On July 1, 2007, Governor Daniels appointed Public Access Counselor Heather Willis Neal to a four-year term of office ending June 30, 2011. The PAC also employs one full-time administrative assistant. During FY09, the counselor took a maternity leave. During the leave, the counselor continued to issue written advisory and informal opinions. Advisory Opinions From July 1, 2008 to June 30, 2009, the PAC issued 226 written advisory opinions in response to formal complaints. See I.C. 5-14-5 regarding the complaint process. Seven complaints were pending as of June 30, 2009. Pursuant to I.C. § 5-14-5-9, an advisory opinion must be issued within thirty days of receipt of a formal complaint. The deadline for priority complaints is seven days. I.C. § 5-14-5-10; 62 IAC 1. The PAC met the statutory requirement for timely issuance of advisory opinions. A detailed list of advisory opinions follows in Appendix B. Informal Opinions In addition to advisory opinions in response to formal complaints, the PAC issues written informal opinions in response to written informal inquiries. Upon taking office on July 1, 2007, the current PAC found a backlog of requests for informal opinions, with some of those requests dating back to 2005. As of February 8, 2008, the current PAC and assistant cleared that backlog. The established turn-around time for those informal opinions is now approximately three weeks. The PAC issued 47 informal opinions for the period July 1, 2008 to June 30, 2009. For the third and fourth quarters of 2008, the PAC maintained an average turn-around time of approximately fifteen and eleven days, respectively. For the first and second quarters of 2009, which were affected by the counselor's maternity leave, the PAC maintained an average turn-around time of 42 and 28 days, respectively. Telephone and Electronic Mail Inquiries From July 1, 2008 to June 30, 2009, the two PAC staff members received and responded to 2,270 inquiries via telephone and electronic mail. 1 All data were compiled as of 9:00a.m. on Tuesday, June 30, 2009.

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