Herald Bulletin guilty
Thu, 10/15/2009 - 1:56pm
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Herald Bulletin guilty
Is HB guilty of violating the “open door “ law??? Background: Indiana’s requires governing agencies to give notice of meetings. Chesterfield sent notice to HB on Sept meeting, but later an angry public demanded to know why no public notice was made. Chesterfield Town Attorney stated, by law the papers were told in advance of meetings. Problem: HB failed to publish the notice and when they did report on issue (two terminated employees), incorrect info was published twice. A reporter from “The Chesterfield Weekly” and others have confirmed town sent notices prior to meetings. Conclusion: Is there a loop hole in the law that HB has use to filter the news??? Lets skip the legal word games and get to the issue. Chesterfield complyied with the law. But the public not given notice as required by the law. My Opinion: I say HB is guilty. 
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I wonder if they were charged for the listing...
Is HB guilty of violating the “open door “ law??
Conclusion:
Is there a loop hole in the law that HB has use to filter the news??? Lets skip the legal word games and get to the issue.
Chesterfield complyied with the law. But the public not given notice as required by the law.
My Opinion:
I say HB is guilty.
K9Mike:
I think it will be difficult for anyone to give you an answer that "skip(s) the legal word games" since this seems to be a legal question.
Why do they call it "Common Sense" when so damn few people have it?
The HB gives a receipt for the publication of official notices.
Either Chesterfield has one or they don't. Pretty simple. You should document your "facts" before you concoct any more wild conspiracy theories. I'm not in the habit of defending the HB, but really.
Good point, Benny.
I wasn't going to comment further because K9Mike didn't want a "legal" answer - - - BUT, I can't help it.
FIRST - Good point Benny. Clearly, if the town of Chsterfield has no proof that the notice was sent to HB, THAT is a violation of the Indiana Open door policy. That would make HB not guilty.
SECOND - The Open Door policy requires Cheterfield to post a meeting notice at the town offices (or meeting room) AND to send notice to ALL media who have filed an annual request to be notified of meeting information. There is nothing in the policy that REQUIRES the media to publish the info (although there is no real reason why they wouldn't).
CONCLUSION - HB is probably guilty of failing the community if they didn't publish the notice, but NOT guilty of violating the law.
Why do they call it "Common Sense" when so damn few people have it?
Actually, some legal notices have to be paid for to run.
I've done some research on this. Indiana has a definition of "newspaper" because of legal classfieds. AFP doesn't fit the definition ... yet. There's a LOT of money in legal classifieds each and every month all over the country.
If Chesterfield has a timely receipt, then they are probably off the hook so long as they posted notices in appropriate places within the specified times.
IF the receipt is timely, then it sounds like the Herald Bulletin was the one which dropped the ball. No penalty to them, I guess, but they could lose any associated advertising and tick off people they might later want to interview for stories. Neither is a good outcome when you're struggling for revenue.
“If you treat an individual as he is, he will stay as he is; but if you treat him as if he were what he ought to be and could be, he will become what he ought to be and could be.” ~ Johann Wolfgang von Goethe
Chesterfield officials at meet stated they have documents of the sent notices to HB. And the required process of notice complied with the law. Nothing was said about charges for publishing a notice. A reporter from other paper stated he got notice of the special meetings and attended. I think clerk said notices are sent out by FAX, which would be dated, time stamped and verified as received. Chesterfield attorney had talked to a HB reporter, but incorrect info published in two articles about the special meetings.
here's another angle to look at things.Should I be upset cause jamestown,TN meeting isn't posted? It is The Anderson Herald Bulletin isn't it? Is the star liable if this is a law also? I know nothing and it don't really matter what the outcome is for me.I just figured I would give some info out that the smarter people can debate about lol
"I know nothing and it don't really matter..."
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I think you are the majority. Most don't care. This forum topic was about one specific event in Chesterfield, but it applies to Anderson in a much larger scale.
Communication consists of more than the media and the source of info. The reader is another major part. Most readers here don't care and are now being hurt directly or indirectly by Anderson going down.
"...debate...."
Today in Anderson apathy rules. But this is changing as more people get pissed off. Experts have already debated this issue and their conclusions are not good.