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VIA EMAIL
Mike Wilkins
Broyles, Kight & Ricafort, P.C.
8250 Haverstick Road, Suite 100
MWilkins@bkrlaw.com
Your clients most recent request rests on an incorrect interpretation of the Public Access
Counselors advisory opinion 17-FC-81. Following the release of advisory opinion 17-FC-81, we
confirmed with the Public Access Counselor that he found no violation of the Indiana Access to
Public Records Act, specifically I.C. 5-14-3-4(b)(8)(C). We ask that you clarify this with your
client when communicating about violations of Indiana Code.
Given the Public Access Counselor has found no violation of Indiana Code, HSE has no
obligation to supplement the information already provided pursuant to I.C. 5-14-3-4(b)(8)(C).
To the extent you are consulting with your client regarding the threatened litigation, please also
note I.C. 5-14-3-9(e) states a person who has been denied the right to inspect or copy a public
record mayfile an action tocompel the public agency to permit the person to inspect and
copy the public record. (emphasis added.) It does not appear that your client is seeking the
ability to inspect or copy a public record.
Sincerely,
_________________________
Samus P. Boyce