Evansville Courier v. Willner
Docket: No. 82S01-9012-CV-782
Court: Indiana Supreme Court; December 12, 1990; Indiana; State Supreme Court
The Evansville Courier initiated legal action against the Vanderburgh County Commission, alleging violations of the Indiana Open Door Law and seeking to invalidate Jerry Riney's employment as Superintendent of County Buildings. The trial court ruled against the Courier, but this decision was reversed by the Court of Appeals. The Commission members—Robert Willner, Richard Borries, and Carolyn McClintock—petitioned for a transfer of the case. The Supreme Court agreed with the outcome of the Court of Appeals but aimed to provide additional guidance on the Open Door Law's application. The trial court had ruled that pre-employment discussions between Borries and Willner did not qualify as official action, viewing them as political strategy discussions under the caucus exception. However, the Court of Appeals found that these discussions constituted official action due to public statements made during a press conference prior to the formal meeting where Riney’s appointment was to be discussed. The Supreme Court held that the trial court's conclusion regarding the press conference was clearly erroneous. While affirming the Court of Appeals' decision, the Supreme Court expressed concern that certain language could misinterpret the caucus exception, clarifying that private discussions involving a majority of a public agency do not automatically transform into public meetings unless official action is taken. Therefore, the definition of a caucus remains intact, allowing for political strategy planning without violating the Open Door Law unless it leads to official action. The case was remanded to the trial court for further proceedings consistent with this interpretation, with the Supreme Court disapproving certain passages from the appellate opinion but adopting the overall decision. Justices DeBruler, Givan, and Pivarnik concurred, while Chief Justice Shepard concurred in part and dissented in part with a separate opinion.