#Evansville courier and press registration(a) ․ local health officer shall provide a certification of ․ death ․ registration upon request by any person only if: Section 16–37–1–8 states in relevant part: #Evansville courier and press codeHowever, they disagree about whether Indiana Code section 16–37–1–8 (2009) prohibits the Health Department from providing death certificates to the Courier & Press and Ward. The parties agree that death certificates are public records as that term is defined in the APRA. Indiana Code section 16–37–3–3 (2012) 3 requires a “certificate of death” to be filed with the local health officer of the jurisdiction in which the death occurred. In the death certificate requests here, the Courier & Press and Ward asked the Health Department for copies of records “created under IC16–37–3–3.” Appellants' App. The burden of proof for the nondisclosure of a public record is on the public agency denying access to the record. 2 Public records “declared confidential by state statute” are among those generally excepted from the APRA's disclosure requirement. 1Ĭertain public records, though, may not be disclosed by a public agency unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery. Int'l Union of Painters & Allied Trades, Dist. Accordingly, the APRA generally requires a public agency to disclose its public records upon the request of any person. #Evansville courier and press fullThe public policy underlying the APRA is “that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.” Ind.Code § 5–14–3–1 (1995). Our goal in such a task is to determine and give effect to the intent of the legislature. The interpretation of a statute is a question of law, which we review de novo. This case involves statutory interpretation. #Evansville courier and press trialWhen reviewing a summary judgment ruling, our standard of review is the same as that of the trial court: summary judgment is appropriate only where there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. After a hearing, the court denied the motion and entered judgment in the Health Department's favor. The plaintiffs moved for summary judgment, and the parties submitted briefs and designations. The Courier & Press and Ward subsequently filed a complaint against the Health Department in the Vanderburgh Circuit Court alleging an APRA violation and seeking an order compelling access to the death certificates. The Health Department denied the request. In July 2012, the day after the amended advisory opinion was issued, the Courier & Press submitted a written request to the Health Department for access to all of its death certificates since the beginning of May 2012. However, in an amended advisory opinion, the Public Access Counselor concluded that the denial was improper. The Public Access Counselor issued an advisory opinion that the Health Department's denial did not violate the APRA. Ward then filed a formal complaint with the Public Access Counselor. In June 2012, Ward submitted a written request to the Health Department for access to its May 2012 death certificates. The sole issue in this appeal is whether the trial court erred in determining that the Health Department did not violate the APRA in denying the death certificate requests. Because our statutes indicate death certificates are public records that may be disclosed only in certain circumstances not present here, we affirm. When their requests were denied, they alleged a violation of the Access to Public Records Act (“APRA”) and sought a trial court order compelling the Health Department to give them access. The Evansville Courier & Press and Rita Ward asked the Vanderburgh County Health Department to give them access to death certificates. Harrison, Jr., Massey Law Offices, LLC, Evansville, IN, Attorney for Appellee. Wilson, Benesch Friedlander Coplan & Aronoff, LLP, Indianapolis, IN, Attorneys for Amicus Curiae Hoosier State Press Association Foundation. Blanton, Ziemer, Stayman, Weitzel & Shoulders, LLP, Evansville, IN, Attorneys for Appellants. VANDERBURGH COUNTY HEALTH DEPARTMENT, Appellee–Defendant. EVANSVILLE COURIER & PRESS and Rita Ward, Appellants–Plaintiffs, v.
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