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Exceptions to Indiana's Open Door Law and Access to Public Records Act Set to Expire on May 23, 2020

By: Christopher W. Bloomer and Robert S. Schein on May 14, 2020

Beginning March 16, 2020, Indiana Governor Eric Holcomb issued a number of Executive Orders (“Orders”) easing statutory requirements concerning Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”) in light of the COVID-19 pandemic. For further information, please refer to…

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IRS Issues Tax-Exempt Bond Guidance in Response to COVID-19 Pandemic

By: Kendall A. Schnurpel on May 5, 2020

On May 4, 2020, the IRS provided notice of forthcoming guidance to be published in Internal Revenue Bulletin 2020-22, dated May 26, 2020.

Exception for Public Hearing Requirement

Revenue Procedure 2020-21 (“RP 20-21”) provides temporary guidance regarding the public approval requirement under §…

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Indiana's Public Access Laws Further Suspended in Response to COVID-19

By: Christopher W. Bloomer and Robert S. Schein on April 2, 2020

On March 16, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-04, which contained certain exceptions to Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”). For further information concerning Executive Order 20-04, please refer to Krieg DeVault’s recent Client…

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Municipal Securities Debt Service Disclosure Obligations and COVID-19

By: and Julie C. Bolling on April 2, 2020

Municipal securities disclosure obligations under federal securities law arise under (1) the antifraud provisions of Rule 10b-5 of the Securities Exchange Act of 1934 prohibiting misstatements or omissions of material fact leading to fraudulent statements ("Antifraud Provisions") and (2)…

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State Board of Accounts Provides Guidance for COVID-19 Expenditures

By: and Scott C. Frissell on April 1, 2020

On Tuesday, March 31, 2020, the Indiana State Board of Accounts (“SBOA”) issued guidance relating to the SBOA’s audit position surrounding the use of public funds during the COVID-19 pandemic. In this guidance, the SBOA acknowledged that it would not take audit exception to expenditures by local…

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During COVID-19 Public Health Emergency, What Constitutes an “Essential Matter,” Thus Warranting a Public Meeting by Local Governmental Entities?

By: Christopher W. Bloomer and Robert S. Schein on March 30, 2020

On March 16, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-04 (the “Order”). Among other particulars, the Order directs that “Public meetings conducted pursuant to Ind. Code § 5-14-1.5 et seq. [hereinafter the Open Door Law, or “ODL”] should be limited to only essential matters…

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Governor Holcomb Extends Property Tax Exemption Deadline to June 30

By: Robert A. Anderson and Scott C. Frissell on March 26, 2020

On Thursday, March 26, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-12 which, among other things, extends the Indiana real and personal property tax exemption filing deadline from April 1 to June 30, 2020. With this Executive Order, Indiana taxpayers now have additional time to…

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April 1 Property Tax Exemption Application Deadline Still Looms

By: Scott C. Frissell and Robert A. Anderson on March 25, 2020

On March 19, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-05 which, among other things, extends certain tax filing and payment deadlines due to hardships caused by the COVID-19 outbreak. One filing deadline that has not been extended is the Indiana real and personal property tax…

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Indiana's Public Access Counselor Provides Open Door Law (“ODL”) Guidance Following Governor Holcomb's Most Recent COVID-19 Executive Order

By: Christopher W. Bloomer and Robert S. Schein on March 19, 2020

On March 16, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-04 (the “Order”), containing certain exceptions to the ODL’s mandates during the public health emergency created by COVID-19. For further information concerning the Order, please refer to Krieg DeVault’s recent Client Alert,…

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Indiana's Open Door Law (“ODL”) Partially Suspended in Response to COVID-19

By: Christopher W. Bloomer and Robert S. Schein on March 17, 2020

Following earlier executive action concerning COVID-19, Indiana Governor Eric Holcomb issued Executive Order 20-04 (the “Order”) on March 16, 2020. Pertinent to the ODL, and with aims to increase containment of the virus and prevent initial exposure and secondary transmission, the Order directs the…

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Indiana's "Little Miller Act" Alleviates Concern that Public Works Projects Remain Immune to Mechanic's Liens

By: Christopher W. Bloomer and Robert S. Schein on November 5, 2019

Public Works Remain Immune to Mechanic’s Liens: 

In 1999, Indiana’s mechanic’s lien law was substantially re-written to include, among other key changes, a prohibition on certain no-lien contracts. A no-lien contract is a construction contract in which the parties agree that the project will not be…

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Investigatory Records Exception to Indiana's Access to Public Records Act ("APRA") Analyzed by Court of Appeals

By: Christopher W. Bloomer and Robert S. Schein on April 30, 2019

Few statutes contain a clearer enumerated purpose than Indiana’s Access to Public Records Act or “APRA.” Passed originally in 1983, the Legislature found that providing persons with information is an essential function of representative government, as “government is the servant of the people and…

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