After the posting of my piece urging readers of this blog to contact Governor Eric Holcomb’s office, asking that he veto HB 1338, many have commented on how gubernatorial vetoes work under the Indiana constitution.

In many states, and under our federal constitution, a veto of legislation passed by a state legislature or the U.S. Congress requires a larger majority in each house to override that veto.  Indiana, and a few other states, have a different system.

Let’s say Governor Holcomb decides to veto HB 1338.  It would take a simple majority vote by both houses of the General Assembly to override that veto.  In other words, even if all state legislators just voted as they did the first time, the veto would be overridden and HB 1338 would become law.

I know all that.  I would point out that the provisions in HB 1338 weakening the Public Access Counselor’s office were slipped into the bill as a committee amendment in the waning days of the session.  There was very little notice to the public this was happening.

If Governor Holcomb vetoes this bill due to public pressure, members of the legislature would be less likely to override the veto.  No guarantee, but a possible outcome if the public responds.

I believe it is worth the risk to urge the governor to veto this legislation.  If that happens, the second phase would be to let members of the General Assembly know where the public stands on this issue.

Also, State Representative Victoria Garcia Wilburn, (D-Fishers), voted against HB 1338.  Here is her statement as to why:

“Sunshine, transparency and open access all make for healthy government, and right now, we have proof that our current processes work. Last summer, several Hamilton East Public Library board members were accused of violating the Open Door Law. When this happened, I had full confidence in the public access counselor to evaluate whether the majority of a HEPL board subcommittee convening at a coffee shop was a violation of the transparency statute. In the end they were found to have violated the statute, but public confidence was restored because the public knew there were enforced standards to maintain government transparency. This bill will erode that confidence. Once again, the Indiana General Assembly is overstepping into local matters that are already being handled appropriately.

“I voted against House Bill 1338 because all Hoosiers benefit when we have someone looking out for the public’s best interest without having to worry about blowback or retaliation for opinions issued in good faith.”

I believe Representative Garcia Wilburn is correct.

Once again, if you agree that HB 1338 is bad law, contact Governor Eric Holcomb (information at this link) and urge him to veto HB 1338.

When I learned Fishers Fire & Emergency Services Public Information Officer John Mehling was set to retire March 8, I let him know a podcast about his career was in order.  Spokesperson for Mayor Fadness, Ashley Elrod, joined the conversation.  Listen to the podcast at the link below.

I try to be a journalist and not get involved in advocating for any particular point of view.  But in situations where the public’s right to know and accountability of elected officials are involved, I can get worked up.  I am worked up now.

It’s about House Bill (HB) 1338.  The piece of legislation in the Indiana General Assembly started out as a statute providing guidance to those running local government meetings on how to handle disruptions.  It also clarifies laws on trespassing, a response to some people calling themselves “auditors,” providing legal language on what constitutes “criminal trespass.”  Those provisions do not raise concern for me.

What does concern me is an amendment added in House Committee.  I wrote a commentary on this March 3rd, available at this link.  I expressed hope in that piece cooler heads would prevail among a majority of our Statehouse lawmakers.  Let’s just say that did not happen.

HB 1338 has now passed the Indiana House and Senate and is headed to the desk of Governor Eric Holcomb.  Here is what concerns be about this measure.

It would do away with the four-year terms for the Public Access Counselor.  That position would serve “at the pleasure of the governor,” meaning he/she could be dismissed at any time without cause.

Another provision of HB 1338 would instruct the Public Access Counselor, when issuing advisory opinions, “may consider only the plain text of the public access laws and valid Indiana court opinions.”  A major role of the Public Access Counselor is to provide advisory opinions on issues not specifically spelled out in state statutes and have no clear authority from the courts.

There is also language exempting certain committees appointed by elected bodies from provisions of the Open Meetings Law.

Why are lawmakers so fearful of a Public Access Counselor, which issues advisory opinions?

Reporter Tom Davies of State Affairs quoted Amelia McClure, executive director of the Hoosier State Press Association, saying HB 1338 “functionally guts” the access counselor’s ability to consider the context of a situation unless it has been directly addressed by the Legislature or court.

Reporter Davies also quotes Representative Ed Delany, (D) Indianapolis, as saying the elimination of the Public Access Counselor’s four-year term would expose the Public Access Counselor to political pressures.

“We’re setting it up so that they can be fired if they don’t say exactly what we want,” DeLaney said. “It seems to me that this is a real step backwards for public access.”

Davies notes in his story that the Public Access Counselor’s office was established in 1999 “after a review by several newspapers found widespread violations of the public access laws by numerous local governments across the state.”

Based on a number of news reports, it appears Republicans are pushing this legislation.  I would argue it is bad for both political parties, and all ideologies, when an office like the Indiana Public Access Counselor is gutted, as the state press association asserts.

Open meetings and open government are key to citizens knowing what is happening with their local elected bodies.  Indiana has one of the lowest rates of voter participation in the nation.  Legislation like this will not help.

If you agree with me that HB 1338 is a bad idea, call or e-mail Governor Eric Holcomb, at this link.  Urge home to veto HB 1338.  So far, the governor has not indicated what he will do with this bill.

This is the first time in my 13 years of blogging where I have taken a stand on a particular piece of legislation. As a long-time journalist, this cuts to the heart of media and citizen involvement.  That’s why I am worked up about HB1338.

Fishers becomes a much smaller place during the week of HSE Schools Spring Break with so many people traveling south.  But, not every family leaves town during that time.

Fishers Parks is offering a Spring Break Summer Camp.  April 1-5, the camp will be offered 8:30am-4:00pm.  The cost is $200 for Fishers residents, $300 for nonresidents.  This camp is modeled after the Fishers Parks summer camp.

Campers must bring a shelf-stable lunch, 2 snacks, water bottle, and appropriate tennis shoes and clothing (for short walks outside, active play and games, etc.) to camp each day.

You can register at this link.

No matter what day or time, there are Fishers Police officers trained and available to pilot drones and can be on the scene to use that technology at any time.  There are about 20 uniformed Fishers officers trained in utilizing drone technology for a variety of uses, such as searching for a missing person or looking for a suspect after a crime is reported.

Drones used outdoors have infrared equipment, allowing police to search effectively, even during night time hours.

The drone cost is part of the department’s annual budget from the city, but is helped along by some foundation grants and donations by local residents

A training session was held Tuesday and demonstrations were offered to the media.  At the top of this post you will hear from FPD’s Public Information Officer, Sgt. Angela Ellison,

Below, there is a demonstration of how a special indoor drone is used by police.  Also below, there is a brief video of an outdoor drone being used in training and a drone practice session in landing the drone softly and safely.

(Story updated 7:50am Wednesday morning)

Fishers Police took a Hoosier Road Elementary School food service worker into custody Tuesday morning after reports the employee brought a concealed firearm into the school.

Under arrest is Javara K. Ofoia, 22, from Fishers.  She faces a charge of possessing a firearm on school property.

School Resource Officers took the worker into custody without incident and the firearm was secured.  Fishers Police emphasize no students were involved and there was no “imminent threat to safety.”

According to Fishers Police, Ofoia told a witness she had a handgun in her purse and not to tell anyone because she knew it was a felony. Officers say they found the gun in Ofia’s purse, in her unsecured office. She told officers she had the gun because she works at an Indianapolis restaurant that was “shot up” over the weekend and was afraid.

Bringing a firearm into a school building is a violation of state law and HSE School District polity.

The FPD news release says this is an example someone seeing something and  saying something.

Fishers Police officers arrested 18 individuals for Operating While Intoxicated (OWI) during the month of February, with 34 charges connected to those arrests.

That is according to a social media post from Fishers Police over the weekend.

Police remind motorists there are a number of options to get around if you are impaired.  There are ride sharing services, you can have a designated driver in your group chosen in advance or just call a friend to provide a ride.

“We take the safety of our streets seriously and will continue to work hard to keep our community safe,” according to the FPD social media post.

It was the early 1980s, I cannot be more exact than that.  As morning news anchor and reporter for WCSI Radio in Columbus, Indiana, part of my regular beat was to cover Bartholomew County Government.  One meeting of the County Council was quite controversial.

It was so long ago I cannot remember the exact issue involved, but the council was set to vote on a matter that would adversely impact a relative of one council member.  That council member planned to vote in favor of the measure, but didn’t want his relative to know.

That one council member asked the council president if the vote could be done secretly…in other words, each council member would write their individual votes on a piece of paper, hand the votes to the council president, and he would then announce the result of the vote (8-1, 9-0, for example) but there would be no record of how each council member voted, just a record of the vote result.

The measure passed (don’t recall the vote numbers), no one objected  and the meeting moved on.  When I wrote my story, I quoted language in the open meeting law in place at that time, and noted the manner of voting in this instance did not appear to be consistent with state law.

The local newspaper, The Columbus Republic, decided to press the issue.  The print edition each day, for many consecutive days, had a different story about the “secret vote” by the Bartholomew County Council.  You could say the editorial staff of the Republic made this their own personal crusade.

At the next county council session, the council attorney blasted the newspaper in public.  The Republic reporter sat next to me in these meetings and what she said in response to me will not be quoted here.  It was all finally resolved, as I recall, with a council vote the traditional way, with members on the record.

Why do I bring this up now?  Indianapolis Star reporters Brittany Carloni and Kayla Dwyer published a story, last updated March 1st, about an amendment tacked onto a piece of legislation at the Indiana General Assembly that was supposed to only deal with how local governments should handle disruptions in public meetings.  The amendment was introduced by Representative J.D. Prescott, (R)-Union City,

The Star story says this amendment “would require the public access counselor to only consider the exact text of Indiana’s access laws or applicable court cases when issuing advisory opinions.”

Public Access Counselor Luke Britt did not comment on pending legislation, which is what an official in his position is required to do.  Prescott did not respond to the Star’s request for comment.

But State Senator Aaron Freeman (R) Indianapolis, had a lot to say to the Star journalists.  He accused Britt of of taking “some liberties” in interpreting the state open meetings law.

“I think certainly it’s fair to say there’s been some very liberal interpretations of the statute,” Freeman told the Indianapolis Star.

I only know what my experience has been.  I have never met or spoken with Luke Britt but I have read many of his decisions.  I do not believe former Governor Pence or Governor Holcomb would appoint, then re-appoint, some radical liberal to a job such as Public Access Counselor.

There was a squabble between the local school board and Television Station WTHR’s investigative news team a few years ago.  That case went all the way to the Indiana Supreme Court and WTHR won a unanimous decision by the justices, backing Britt’s advisory opinions.

My experience in reading Mr. Britt’s writing is that he is not liberal or conservative, he is just trying to honestly and fairly interpret a law that doesn’t answer every question that arises.

Britt may have been silent on all this, but the Star quotes a number of what the reporters describe as “government transparency advocates.”  They all agree that Prescott’s amendment, passed in House committee, would gut the Public Access Counselor by limiting any opinions to the exact language in the statute.

I have been in and out of journalism since 1973 and firmly believe watering-down our open meetings law is a very bad idea.  Hopefully, cooler heads will prevail in the end.

The Star story can be accessed at this link, but you may need a subscription

It was an emotional event.  It started with the Outside the Box Choir singing the Celebration song and the energy in the room was vibrant.  At other times, tears were shed, some tears of joy but also sad memories of the past.

It was the Disability Awareness Month kickoff Friday morning at a packed Launch Fishers Theater.  Keynote speaker Stacey Oldham spoke of her personal journey with Multiple Sclerosis.  She was told at age 20 her life expectancy would only span to about age 50.  She has celebrated her 59th birthday and looks forward to a marriage ceremony soon.

Stacey talked not only of her own experiences, but how advances in treatments and medical science in general have created longer life expectancies and a general better quality of life for those dealing with disabilities.

Mayor Scott Fadness, a supporter of city efforts in aiding the disabled, spoke of Fishers as a young city, progressing like a human in the teen years.  Fishers has been undergoing rapid growth for many years, but has some maturing ahead in the future.

City Council President Cecilia Coble was the emcee for the kickoff event.

Stacy Oldham was not only the keynote speaker, she was also recipient of the 2024 Life Without Limits Award.  The Cornerstone Employer Award went to Lauren Hayes of Heartland Church.

HSE Special Education teacher Jillian Mack was presented with the Accessibility Award.  She was surprised that school officials arranged for her 4th grade class to attend the ceremony, and her students chanted “Go, Miss Mack” as she accepted the honor.

Another major theme of the kickoff was how people with disabilities can become productive members of society with just a little accommodation from an employer.

The emotions were strong for the Fishers Disability Awareness Month Kickoff Friday morning.  But that was just the beginning.  For more on what will happen throughout the month of March, use this link.

I have already written extensively about the closure of Allisonville Road at 146th Street for 90 days, but be aware of some water quality work along other sections of Allisonville Road.

Also, be aware of road work along Municipal Drive near the construction site for the new City Hall/Arts Center.  Watch for sidewalk projects in the Windermere neighborhood and trail closures for the planned Heritage Park Bridge.

Here is the full listing, as provided by the City of Fishers:

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STATE ROAD 37 IMPROVEMENT PROJECT

To learn more about the State Road 37 Improvement Project and sign up to receive text updates, visit 37Thrives.com. 

STATE ROAD 37 AND 141ST STREET
A pre-construction phase at SR 37 & 141st Street is currently in place. During this phase, 141st Street will be a Right-In-Right-Out (RIRO) traffic configuration. 
This is not the permanent configuration. This will allow for traffic to flow more freely along SR 37 until the next phases of construction can be activated. This will eliminate backups along SR 37 that have caused dangerous stops to the free flow traffic and backups on the 146th Street interchange. Again, this is not the permanent configuration for 141st Street. The full timeline for the 141st Street interchange will be provided after project bids are accepted in the Spring 2024. View detour routes here. 

View how to merge safely onto Northbound SR 37 from 141st Street here and onto Southbound SR 37 from 141st Street here. To navigate the merge, remember:

• Use the accel lane to gain speed, not stop
• Use your mirrors and pay attention
• Look for a gap in SR 37 traffic and safely merge

To learn more about the Clear Path Improvement Project and sign up to receive text and email updates, visit clearpath465.com 

I-465 & I-69
Drivers will see an increase in construction along the I-69 corridor in the coming months. This work will focus on reconfiguring the interchange at I-465 and I-69. New ramps will provide direct movements from eastbound I-465 and northbound I-465 to northbound I-69. Binford Blvd. will also be reconstructed to separate local traffic from traffic entering and exiting I-69 and I-465. Access to I-69 from Binford Blvd. will remain open. 

Crews closed the two ramps at 82nd Street on Monday, January 29. These ramps will remain closed throughout most of 2024.

• Ramp from I-69 South to 82nd Street
• Ramp from 82nd Street to I-69 South