STATE OF INDIANA ren URE HOE ERIC J. HOLCOMB, Governor Indiana Government Center South 402 West Washington Street, Room W470 Indianapolis, Indiana 46204-2745 Telephone: (317)234-0906 Fax: (317)233-3091 Toll Free: 1-800-228-6013 Email: pac@opac.in.gov Website: wanw.IN.govipac March 3, 2017 St. Joseph County Board of Commissioners ATTN: Ms. Deborah Fleming 227 West Jefferson Street South Bend, Indiana 46626 Re: Formal Complaint 17-FC-42 Dear Ms. Fleming: Pursuant to Indiana Code § 5-14-5, a formal complaint has been filed with the Indiana Public Access ‘Counselor concerning an alleged violation(s) of the Open Door Law (ODL) by the St. Joseph County Board of Commissioners, to the attention of Ms. Deborah Fleming. A copy of the formal complaint is enciosed for your reference. ‘The Public Access Counselor is required to isstie an advisory opinion within thirty (30) business days of receipt of the complaint. His anticipated publication date is April 7, 2017. Pursuant to Indiana Code § 5-14-5-5, a public agency shall cooperate with the counselor in any investigation or proceeding. AS such, the response of the St. Joseph County Board of Commissioners, to the attention of Ms. Deborah Fleming must be received by this office no later than March 17, 2017. Please feel free to fax your response to the number in the letterhead or email it to dabrewerl @opac.in.gov. Should you have any concerns or inquiries, please feel free to contact our office. Best regards, par, Ms. Dale L. Brewer . Office of the Public Access Counselor Ce: Mr. Ted Booker| EGE OFFICE OF THE PUBLIC ACCESS COUNS! de EGE FORMAL COMPLAINT State Frm 49407 (96/314) Ae uel acd INSTRUCTIONS: Ts fom ob ud ely when ing comolahts unde fe Cte 44. ‘A nfomaton proces acess tne he hee Pte Rasortnet LEASE TWP GR PRIN. PUBLIC ACCESS eee TYSIGFOR DPRCE USE NEY “as patente oo Cesare gay CP ACF pe Booker, Ted W_ Fas i we 3 as rom 225 W. Colfax Ave. (South Bend Tribune) ‘South Bend IN 46626 exe Tanne Epa eee (574 ) 235-6070 tbooker@shtinfo.com WZ Notice © otter: C1 Request for priority status [S00 inclane Admitrative Cade (62 IAC ane pasesomy St. Joseph County Board of Commissioners Tain Viner wero a Sar Tie 227 W. Jefferson Bivd. South Bend IN 46626 “Taaphoe ae? rae Enalaaer (874 ) 235-9534 co) siecom@co.st-joseph in.us a Deborah Fleming, member of St. Joseph County Board of Commissioners ‘pen Door Law Violation Public Records Access Violation Ty exoaitve Session LD Deniator cess 1 copys Denia of Electonic Acoess Ofer: 141-9) (Must includ in narative the reesen for priory sttus) TWPORTANT Se ‘ie ON oC ETS SCT SA FOOT the South Bend Tr ‘igase desorbe dil oF access oe G7 PUDNG TSoaTds Baio” Aah saaNGTa] SOS T NOCORSSYTRCGTTED) ‘PLEASE ATTACH COPIES OF ANY WRITTEN DENIAL OR DOCUMENTATION CONCERNING DENIAL, Bal mont iy yoo February 16, 2017 LL Beale!Lake Batt ab Cui rein RECEWED W470, Indiana Government Center South, FEB 24 2017 402 W. Washington St Indianapolis, IN. 46204 PUBLIC ACCESS COUNSELOR Dee Me Bat, | believe a committee exeated by the St. Joseph County Bossd of Commissioners to study and advise the commissioners on the embattled leaf pickup program here had an illegal meeting in February. I farther believe committee members intend to continue having illegal meetings by not posting 48-hour notice prior to committee mectings, as well as not allowing the public to atend the meetings. [As background, the three-member St, Joseph County Board of Commissioners serves as the executive and administrative authority for the county, and is responsible for negotiating and approving contracts. In. 2013, the Board of Commissioners approved a five-year contract with Niles, Mich.-based Greenworld Environmental Management to ran a leat pickup program for zesidents in unincorporated areas of the county. Greenworld has been criticized for filing to complete all three of its contracted sweeps to pick up leaves this season, and complsints have recently znised questions tbout the contract that commissioners negotiated with Greenworld and whether it should have had stronger provisions. Greenworld’s contract expites in spring 2018. > Deborah Fleming, a member of the Board of Commissioners led an effort — after speaking with two othec commissioners about the matter ceaslier this year — to launch a committe that is also composed of two St. Joseph County Council members, County Engineer Jessica Clark and commissioners attorney Jamie Woods, The committe, described by officials as a “keaf task force,” i tasked with coming up with ideas to improve the lea pickup program. It will provide recommendations to the Board of Commissioners for how to impzove the next contract for the pickup progeam. ‘Fleening has confirmed that she hatl conversations withthe two other commissioners, Andrew Kosticlney and Dave Thomas, on Jan. 3 about forming the committee. Kosteiney and Thoms both confimed that Fleming told them on Jan 3 about launching the committee. They both acknowledged that “ney indicated tei support of hat idea and di not express any objection to it. Thomas sid that he tacitly indicated that he hid no objects 0 Fleming’ plan, and Korticiney sid that he old Feming that he supported her plan Kostielney told The Tribune on Jan, 10 that Fleming led the effet to Iauach the committee and had “conversations with Commissioner Thomas and J to make sure we were both okay with leting her do that” In this case, the applicable section of the Open Door Law it IC 5-14-1..2 (b) @)- In covering what meets the definition of a “governing body,” the section states that it would pertain to “any committee appointed directly by the governing body or its presiding officer to which authority to take offical action upon public business hae been delegated.” “The South Bend Tribune believes the leaf taskforce committee is subject to the Open Door Law. ‘As such, it violated the law by failing to provide public notice when it held its first meeting on Feb. 2. Ann Thornton, administrative assistant for the Board of Commissioners, confirmed that no notice was fled for the mecting. For a Janvary 2017 story, Fleming told ‘The Teibune: “I don't think it’s good thing for The Tribune to be there (at the leaf task force meetings) because of the possible influence on the discussion,” she said, adding that some other committee members also agreed with her. “What we want 10 bbe able to do is talk privately to see how things are going and get complaints, and then we can move forward in the right direction ..T don’t want arguments thrown in the paper” Furthermore, The Tribune contends that Fleming conducted illegal meetings when she spoke to Kostielney and also when she spoke to Thomas since a quonim of the Board of Commissioners was present at exch of the meetings and offical action on the county's leaf pickup contract with Greenworld was discussed. “Thank you for your time and consideration ofthis complaint, Sincerely, UEok) ‘Ted Booker