Tuesday, September 04, 2018
ANALYSIS
This case presents the question about whether the Marion County
Sheriff s Office properly denied the Complainant’s recorcls
request.
1.
The Access to Public Records Act (“APRA”)
It is the public policy of the State of Indiana that all persons are
entitled to full and complete information regarding the affairs of
government and the official acts of those who [rep]resent them as
public officials and employees. Ind. Code § 5- 11-5-i. Further,
APRA states that “(p)roviding persons with information is an
essential function of a representative government and an integral
part of the roiitine duties of public officials and employees,
whose duty it is to provide the information.” Id. There
is no dispute that the Marion County Sheriff s Office (“MCSO”)
is a public agency for the purposes of the APRA; and thus, subject
to the Act’s disclo sure
requirements. Ind. Code §
5-14-3-2(q)(6).
Therefore, unless otherwise provided by statute, any person may
inspect and copy the MCSO’s public records during its regular
business hours. See Ind. Code § 5-14-0-3(a).
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