A small news outlet covering Greene and Sullivan counties spent weeks trying to obtain emails from the City of Sullivan through Indiana's public records law.
The city eventually released the records. But by then, Linton News owner Adam Wentz said the process of obtaining them had become a story of its own.
Wentz was working with private investigator Shawn Kennedy, who submitted a public-records request in September seeking emails and text messages involving Sullivan Mayor J.D. Wilson and Indiana Michigan Power.
The request grew out of Wentz's reporting on an invitation from the utility to local officials to attend an Indianapolis Colts game from a suite at Lucas Oil Stadium.
Kennedy expected the request to be straightforward.
“This issue with the mayor's office and the Colts suite tickets came up, and on the face of it, it seemed like it would be pretty simple,” Kennedy said. “You're talking about an email or a text. Either you got it or you didn't. You accepted the offer or you didn't.”
Wentz and Kennedy said the city acknowledged the emailed request and indicated it was being worked on.
Weeks later, however, they were told they needed to come to City Hall and complete Sullivan's public records request form.
“He said, ‘This is how we're going to do this process. Here's the form,’” Wentz said. “And I said, well, three weeks ago you said that this was okay, and you said you were actively working on it, and now you're saying that we need this form.”
During an encounter recorded by Wentz at City Hall, Wilson said requiring the form was the city's established procedure.
“We tell you to come in and fill out the official form,” Wilson said.
Indiana's Access to Public Records Act, or APRA, gives people the right to inspect and copy most government records. Journalists often use the law for stories on government ethics.
State guidance says an agency can require a requester to use a form provided by the agency. For emailed requests, an agency generally must respond within seven calendar days.
That does not mean the records themselves must be produced within seven days. State law instead requires agencies to provide disclosable records within a “reasonable time.”
Kennedy said his concern was that the additional requirement wasn't communicated until weeks after the original request.
“Until last Friday, we didn't even know that form even existed,” Kennedy said.
WFIU/WTIU News asked Indiana's Office of the Public Access Counselor how APRA applies to circumstances like these.
The office did not issue an opinion about Sullivan's handling of the request. Instead, it directed WFIU/WTIU News to the state's Public Access Handbook.
For Wentz, the delay created another problem: timeliness.
“It radically slows down the process,” Wentz said. “Timeliness is always important when you're dealing with journalism.”
There was also confusion about potential fees.
During the City Hall encounter, Wilson told Wentz and Kennedy the city would determine the number of copies involved before proceeding.
“Fill out this form. We'll come up with the amount,” Wilson said. “Pay your money, and then we'll start.”
APRA allows agencies to require advance payment of permissible copying costs. But agencies generally cannot charge someone to search for, examine or review records to determine whether they can be disclosed.
Wentz said the clerk's office ultimately did not require advance payment.
Mayor initially accepted Colts invitation
The city eventually released the requested emails.
They showed Indiana Michigan Power invited Wilson and a guest to attend a Sept. 27 Colts game.
Wilson responded that he would “love to attend” and asked whether he could bring his 14-year-old son. An Indiana Michigan Power representative responded that the company looked forward to having them.
Wilson's assistant later canceled, saying something had come up that required the mayor's attention.
During Wentz's earlier recorded encounter with Wilson at City Hall, Wilson repeatedly said he had not attended the game.
When Wentz asked whether he had accepted the invitation, Wilson did not directly answer yes or no.
“Did you accept the tickets?” Wentz asked.
“I did not go to any Colts games,” Wilson responded.
“Did you accept the tickets, yes or no?”
“I received an email,” Wilson said.
Wilson did not respond to WFIU/WTIU News' requests for an interview.
He has since issued a public statement acknowledging the invitation and explaining why he initially planned to attend.
Wilson said Indiana Michigan Power invited him and Sullivan County officials to an event where they could discuss a proposed gas-powered plant and the possibility of a nuclear power plant in Sullivan County.
He said he wanted to learn about developments that could affect the city even if the projects themselves were outside city limits.
The original Colts invitation provided to Linton News does not mention either project.
The released records also contain correspondence between Wilson and Indiana Michigan Power concerning a Purdue nuclear-energy summit and a planned tour of the company's Cook Nuclear Plant in Michigan.
Kennedy, a retired IRS investigator who has lived in Sullivan for about 40 years, said his broader concern is government transparency.
“We have roots here now,” Kennedy said. “We like this community. There's a lot of good things here, but there are some bad things here too, and I want to try to make things better.”
Wentz said access to government records is particularly important for small news organizations trying to hold local officials accountable.
“I think that citizens deserve a government that's accountable to them and transparent,” Wentz said.
