E-mail privacy is at the heart of the matter. While Indiana lawmakers were debating a bill that had a provision to keep private the e-mails of all public agencies, the Indianapolis Star requested two weeks' worth of e-mail from nine legislators involved with the bill. The newspaper wanted to know what kind of response legislators were getting from constituents. The lawmakers refused to turn over any e- mail correspondence. Representative Jeff Thompson says he was concerned about invading the privacy of constituents who correspond with him. "Does a private citizen have to disclose when they e-mail me?" he asks.
The bill ultimately passed by the legislature has no e-mail provision. It allows legislators to make the final decision on which of their records will be open to the public.
Legislators argue they are exempt from the state open-records law. In a 1993 court case that they say clarified that exemption, the legislature was sued for access to a document; the court ruled that it had no jurisdiction over the legislature.
The legislature is not without rules on public disclosure. "We have four pages of laws in place for what is a public record in the legislature," Thompson says.
But media and citizen groups find fault with the legislation. "It sends a poor message to the public," says Stephen Key, counsel for governmental affairs with the Hoosier State Press Association. "Legislators are
