MARION CTY. SHERIFF'S MERIT BD. v. PEOPLES BROADCASTING CORP.

No. 41S01-8911-CV-872.

547 N.E.2d 235 (1989)

MARION COUNTY SHERIFF'S MERIT BOARD, Appellant (Defendant below) and Michael R. Berry, and Rex E. Thompson, Appellants (Third-Party Plaintiffs below), v. PEOPLES BROADCASTING CORP., Videoindiana, Inc., Susquehana Broadcasting Co., Inc., d/b/a Radio Indianapolis, Inc., Tel-Am Corp., McGraw Hill Broadcasting Corp., Inc., Steven E. Sweitzer, Michael J. Androvett, Joseph Hallinan and Indianapolis Newspapers, Inc., Appellees (Plaintiffs below).

Supreme Court of Indiana.

November 22, 1989.


Attorney(s) appearing for the Case

Barbara Malone, Asst. Corp. Counsel, City-County Legal Div., for appellants Marion County Sheriff's Merit Bd. and Marion County Sheriff.

John C. Ruckelshaus, John F. Kautzman, Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, for appellants Michael R. Berry and Rex E. Thompson, individually and as Marion County Sheriff's Deputies.

Richard A. Waples, Indiana Civil Liberties Union, Indianapolis, for appellees Peoples Broadcasting Corp., VideoIndiana, Inc., Susquehana Broadcasting Co., Inc., d/b/a Radio Indianapolis, Inc., Tel-Am Corp., 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.


SHEPARD, Chief Justice.

The question presented is whether a county sheriff's merit board may conduct an executive session to discuss the evidence presented during its public hearing on disciplinary charges against a deputy and then proceed to take final action in public. We hold it may.

This question comes to us as the second part of one lawsuit. In the first part, the Johnson Circuit Court ordered the Marion County Sheriff's Merit Board to conduct its disciplinary...

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