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BERRY v. PEOPLES BROADCASTING CORP.

No. 41S01-8911-CV-871.

547 N.E.2d 231 (1989)

Michael R. BERRY and Rex E. Thompson, Appellants (Third-Party Plaintiffs below), v. PEOPLES BROADCASTING CORP., Videoindiana, Inc., Susquehana Broadcasting Company, Inc., d/b/a Radio Indianapolis, Inc., Tel-Am Corporation, McGraw Hill Broadcasting Corporation, Inc., Steven E. Sweitzer, Michael J. Androvett, Joseph Hallinan, Appellees (Plaintiffs below), Marion County Sheriff's Merit Board, Appellee (Defendant below).

Supreme Court of Indiana.

Opinion on Denial of Rehearing February 23, 1990.

Attorney(s) appearing for the Case

John C. Ruckelshaus, John F. Kautzman, Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, for appellants.

Richard A. Waples, Indiana Civil Liberties Union, Indianapolis, for appellees Peoples Broadcasting Corp., VideoIndiana, Inc., Susquehana Broadcasting Company, Inc., d/b/a Radio Indianapolis, Inc., Tel-am Corporation, McGraw Hill Broadcasting Corp., Inc., Steven E. Sweitzer, Michael J. Androvett.

Robert P. Johnstone, Jan M. Carroll, Barnes & Thornburg, Indianapolis, for appellees Indianapolis Newspapers, Inc., and Joseph Hallinan.

Stephen E. Schrumpf, Asst. Corp. Counsel, City County Legal Div., Indianapolis, for appellees Marion County Sheriff's Merit Bd. and Marion County Sheriff.

SHEPARD, Chief Justice.

This appeal presents two questions under the Open Door Law. First, may a government body ban the use of cameras and tape recorders at its public hearings under the Open Door Law? We hold it may not. Second, may a sheriff's merit board receive evidence in a formal disciplinary proceeding during an executive session under the Open Door Law? We hold it may not.

I. Stipulated Facts

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