Become part of the movement for unbiased, accessible election information. Donate today.
Indianapolis Convention & Visitors Ass'n Inc. v. Indianapolis Newspapers, Inc.
This Ballotpedia article needs to be updated.
This Ballotpedia article is currently under review by Ballotpedia staff as it may contain out-of-date information. Please email us if you would like to suggest an update.
| |||||||||||||||||||||||||||
| Sunshine Laws |
| How to Make Records Requests |
| Sunshine Litigation |
| Sorted by State, Year and Topic |
| Sunshine Nuances |
| Deliberative Process Exemption |
Indianapolis Convention & Visitors Ass'n Inc. v. Indianapolis Newspapers, Inc. was a case before the Indiana Supreme Court in 1991 concerning the applicability of open records laws to nonprofits.
Important precedents
This case established that private agencies which receive public funds are subject to the act, whether or not the state auditor board was exercising its right to conduct the audits.[1]
Background
- Indianapolis Convention & Visitors Association, Inc. (ICVA) is private for profit corporation consisting of 600 members from within the tourism industry around Indianapolis. Decisions are made independent of any governmental agencies and the organization receives funds from advertisements, members dues and the Capital Improvement Board of Managers of Marion County(CIB).
- CIB is a municipal entity which collects hotel and tourism taxes and dispenses them to public and private agencies dedicated to promoting tourism.
- In June 1989, Indianapolis Newspapers Inc. submitted a public records request for internal expense vouchers from 1978 to 1989.
- ICVA denied the request claiming that as a private body, ICVA was not subject to the records law.
- The trial court ruled in favor of the newspapers.
- ICVA appealed the decision arguing that it had never been audited by the state board of accounts and was thus not subject to the open records laws.
- The court of appeals affirmed the decision.
- Both sides appealed the final decision.[1]
Ruling of the court
The trial court ruled in favor of the newspapers, ruling that the ICVA was public body because it received public funds.
The Court of Appeals affirmed the decision, determining that the ICVA did in fact receive public funds. It, however, did determine that the ICVA only had to produce records in the future because the state audit board had only begun conducting audits of their finances.
The Supreme Court evaluated the entire case to resolve all the appeals. First the court determined that the ICVA was in fact publicly funded because its receipt of funds was not a calculated exchange for measured good and services but instead a constant flow of funding based on tax income. The court went on to overrule the Court of Appeals decision with regard to timing. Citing the language of the statute, the Supreme Court deterimined that the ICVA had been "subject" to audit from its start and that all the records should be released. Thus the court determined that ICVA was subject to the act and ordered the release of all the documents sought by the newspapers.[1]
Associated cases
See also
External links
Footnotes
