Lebanon, Ind. — 12/30/25 — The Indiana Public Access Counselor (PAC) has issued a formal advisory opinion finding no violation of Indiana’s Open Door Law (ODL) by the County Commissioners in response to complaints filed earlier this year by a local reporter.
The opinion, issued December 29, 2025, concludes that the Commissioners acted within the bounds of state law regarding all allegations reviewed, including matters related to executive sessions, administrative meetings, and contract discussions. The Public Access Counselor determined the actions taken by the Commissioners were lawful, appropriately noticed and consistent with their statutory authority.
The complaint alleged that the Commissioners violated the Open Door Law by taking actions outside of public meetings. However, after reviewing extensive documentation—including meeting notices, minutes, and supporting records—the Public Access Counselor found no violations occurred. The opinion confirms that the Commissioners properly conducted public business in open meetings and lawfully used executive sessions only for purposes permitted under Indiana law
The advisory opinion notes:
- Actions taken by officials outside of a public meeting did not constitute violations of the Open Door Law because they were not official actions of the governing body.
- Executive session discussions regarding personnel matters were permitted under Indiana Code and were limited to allowable subjects.
- Any administrative discussions were lawful so long as no final action was taken outside of a public meeting.
- Final actions occurred during properly noticed public meetings.
“This opinion confirms what we have maintained from the beginning — the County Commissioners acted lawfully, transparently and in good faith,” said Commission President Scott Pell. “We appreciate the Public Access Counselor’s review and are happy to put these claims to rest.”
The County Commissioners remain committed to open government, transparency, and compliance with Indiana’s public access laws. They continue to encourage public participation and remain focused on serving the people of the county with integrity and accountability.
Link to Advisory Opinion: 25-FC-018B Flora.pdf
MEDIA CONTACT
Brent T. Wheat
Boone County Communications Director
Tel. (765) 859-8660 (note new number)
media@co.boone.in.us
