Highland council may have skirted open meeting law
The Highland Town Council on Tuesday night revealed that it may have violated the state's Open-Door law by conducting town business outside a formal setting.
During a discussion about a Board of Works order that would allow the Highland Police Department to purchase a new Ford F150 Responder at its Tuesday night meeting, the conversation turned toward a second Board of Works order that would allow the department to purchase five new Ford police vehicles because five of the current vehicles have been problematic. Council President George Georgeff, R-1, had removed the second works board order off the agenda late Tuesday morning.
Councilman Doug Turich, R-2, asked the council if the special order for the five new vehicles didn't get passed, how could the council pass the appropriation. There was no special meeting called to discuss it, he said, but there was 'kind of an approval given amongst the five of us' with which he said he didn't agree.
The Police Department typically makes its vehicle purchases in September or October because it times their delivery — and therefore payment upon receipt — into the following year, Highland Police Commander John Banasiak told the council. The department got word, however, that Ford would be closing its books for law enforcement vehicles earlier than usual, so to lock in the price before it jumps, the department asked if it could trade in the five problematic vehicles; it would then purchase the new vehicles now and then get back on the fall schedule in 2026.
To do that, the council would have to approve an appropriation from the town's Municipal Capital Development fund (MCCD), Clerk-Treasurer Mark Herak said, of which the council approved a $65,000 appropriation ordinance earlier in the meeting.
'I think we should've called a special executive session or meeting to discuss this and then give the OK, but it didn't happen that way, so I'm just saying publicly that I don't agree with it, and we can go from there,' Turich said.
Georgeff then explained — and Town Attorney John Reed agreed — that there was no need for a special meeting or vote because the department would be placing the order only. If the department ends up not receiving the order for whatever reason, the dealership would be able to sell the vehicles to another department without issue, though it's unclear whether Highland would have to pay a penalty fee for not completing the purchase.
'We don't have all the information, and that's still why I'm saying there could've been a better conversation about this,' Turich said.
Georgeff said he'd 'gotten consensus' from the council that that was how it wanted to proceed, to which Turich said he didn't.
'I could show you the text messages where three of the five members said they wanted to have a special meeting,' Turich said. 'If we want, I can bring up my text messages and give the date and time.'
According to the most recent edition of the Indiana Public Access Law Handbook issued in 2022, 'If the governing body is trying to communicate simultaneously and expecting an immediate call-and-response type dialogue for the purpose of taking official action on business, the exchange constitutes a meeting.' While Indiana addresses only email, the Reporters Committee for Freedom of the Press indicates the same argument would apply to text groups. (https://www.rcfp.org/open-government-sections/c-text-messages/).
Georgeff reiterated that he'd gotten consensus to order the cars and that he was also 'sitting with another council member' and singled out a text from Councilman Tom Black, R-4, that indicated he was fine with no special meeting if the town wasn't on the hook for the purchase.
Black corrected him.
'My text message indicated that I would've preferred a special meeting,' Black said.
'After we got the consensus,' Georgeff said.
'In order to speak on this, I think that there was a will to have a special meeting, but it was complicated in that two of the other councilors were out of town at that time,' Councilman Alex Robertson, D-3, said. 'I do appreciate that you put that agenda item for future discussion — next meeting or whenever it would be — but I think with the amount of time that we are discussing, the main motion is kind of getting off-track, so I will ask that you call a motion.'
The council voted 5-0 to approve the works board order for the responder.
The Post-Tribune filed on Wednesday an Access to Public Records Act request for all text messages among the council members, Clerk-Treasurer Mark Herak, Highland Police Chief Ralph Potesta and Banasiak regarding the new cars and their funding.
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