Council's Action On McCurtain May Have Violated Open Door Law

(posted Aug 20)

According to Indiana Public Access Counselor Heather Willis Neal, the Speedway Town Council cannot take vote in an executive session not to renew Town Manager John McCurtain's contract.

McCurtain had no comment on the matter.

Barnes and Thornburg Attorney James Gutting said this issue is not resolved and the formal action will be addressed in a public meeting August 27. He doubted if an attorney was present during the executive session.

At the July 13 meeting, Council President Bill Golay talked about how one councilor's vote did not change "the outcome" not to renew McCurtain's contract. He interchanged the words voice and vote to explain the issue to the audience.

Hoosier State Press Association Counselor Steve Key agreed that no final action can be taken in an executive session. Although a vote violated the open door law, it does not mean McCurtain automatically retains his job. Key explained that anyone can seek an opinion from the Public Access Counselor as to the violation prior to filing a lawsuit to declare the vote null and void.