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2008 Indiana Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagin0007 and id is 1 raw text is: ANNUAL REPORT OF THE INDIANA PUBLIC ACCESS COUNSELOR
To the Indiana General Assembly
July 1, 2007 through June 30, 2008
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, 2007 through June 30,
2008.1 This report is presented in three parts: a narrative summary of the activities of the PAC in
Part I; the information required to be submitted pursuant to I.C. § 5-14-4-12 in Part II; and
appendices with more detailed information about the presentations given and the advisory opinions
issued in the past year in Part III.
PART I
Annual Report Narrative and Executive Summary
Public Access Counselor and Staff
On July 1, 2007, Governor Daniels appointed a new Public Access Counselor to a four-year
term of office ending June 30, 2011. The current counselor is Heather Willis Neal. The PAC also
employs one full-time administrative assistant.
Advisory Opinions
From July 1, 2007 to June 30, 2008, the PAC issued 336 written advisory opinions in
response to formal complaints. See I.C. 5-14-5 regarding the complaint process. This number
represents a 34% increase in the number of advisory opinions issued compared with the previous
reporting period and a 720% increase compared to the first reporting period, July 1, 1999 to June
30, 2000.  Eleven complaints were pending as of June 27, 2008. Pursuant to I.C. § 5-14-5-9,
advisory opinions 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 dozens of requests for informal opinions (the exact number is
difficult to determine because the paper files did not correspond completely with the Microsoft
Excel spreadsheet), with some of those requests dating back to 2005. As of February 8, 2008, the
current PAC and assistant cleared that backlog by contacting each requester and then issuing
opinions where the requester was still awaiting an opinion.
In addition to the backlog inquiries, the PAC issued 42 informal opinions in response to
requests received in the time period July 1, 2007 to June 30, 2008. The established turn-around
time for those informal opinions is now three weeks. For the first quarter of 2008, the PAC
In order to timely prepare this report under the statute, all data were compiled as of noon on Friday, June 27, 2008.

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