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Luke Britt, Indiana’s longest serving public access counselor is stepping down after 12 years in the role following changes to his office by state lawmakers this time last year.
The Office of the Public Access Counselor, created by the Indiana General Assembly in 1999, provides guidance on the state’s public records and open meetings laws. The counselor writes advisory opinions that interpret these laws after members of the public or agencies file a complaint related to public records laws.
Britt estimates that he wrote more than 2,000 advisory opinions in his tenure. He was appointed in 2013 by former Gov. Mike Pence and reappointed by former Gov. Eric Holcomb.
Britt’s resignation follows a legislative decision that altered how his office operates. A Republican lawmaker introduced an amendment to a 2024 House bill, limiting the office’s ability to interpret the law broadly.
The amendment mandated a strict, textual interpretation, shifting away from the long-standing approach of construing the law in favor of government transparency. Indiana’s handbook of public access laws states: “When confronted with a question of interpretation, the law should be liberally construed in favor of openness.”
Britt said the legislative change made his job fundamentally different.
“Ultimately, the job did fundamentally change,” Britt told WFYI. “I’d always said that if I found that my voice was getting ineffective, it was time to leave. And that might have been my sign with that legislation.”
During his tenure, Britt issued advisory opinions on public records disputes, executive session violations, and excessive fees for records. In 2022-2023, his office handled 556 formal complaints, issued 150 written opinions, and fielded 10,000 inquiries from the public, media, and government agencies, according to the office’s annual report.
Britt also annually conducted dozens of training sessions on the state’s open door and records acts.
The advisory opinions
Britt’s advisory opinions often assisted the media in gaining access to public documents and held public agencies accountable for violating the state’s Open Door Law. While the office cannot enforce compliance, individuals can sue an agency to compel adherence and use these opinions as supporting evidence in court.
“There were times where we could work together and kind of serve each other as a sounding board,” said Steve Key, retired executive director for the Hoosier State Press Association. “If there was a kind of a gray area in the statute, I could always ask him what his thoughts were, and see if they aligned with my thoughts and and there were times where he would use me as a resource.”
Key said they had a “collegial relationship” and he appreciated Britt’s consistency in the job.
In 2018, WTHR-TV Channel 13 sued Hamilton Southeastern Schools for details on why a coach was suspended after Britt’s advisory opinion said the district failed to provide information required by law to a reporter
Britt’s advisory opinion in 2020 found Purdue University violated the state’s public records law when it heavily redacted documents requested by student journalists at the The Exponent, including a university settlement with a former student related to an alleged sexual assault.
“It’s only as strong as the public’s will to make sure that it is enforced,” Key said. “It’s the public that has to, if they don’t, think that there’s been a good decision, or the opinions incorrect, and they still have the right to that document or to go attend that meeting. They’re the ones that have to go to the courts and say, ‘We think we have this right.’”
In 2021, Britt issued an advisory opinion that the Indiana Department of Education should provide WFYI with data on the arrests of students on school property, because that information is public record.
Britt also issued advisory opinions involving the Hamilton East Public Library system in 2023, including a meeting where two board members met their attorneys at a Fishers coffee shop. He found they violated open door laws.
Britt did not always side with the media. The Indianapolis Star asked county hospitals how each spends its public funds on their nursing homes. Eight hospitals refused to provide documents, and claimed the information contained trade secrets, or competitive information. Britt sided with the hospitals. Then, IndyStar sued the hospitals for the information.
“I have to tell powerful people that they’re wrong all the time, and I’ve always thought I’ve done it diplomatically and with delicacy and appropriately, but some people just don’t like to hear that,” Britt said.
A new role
The 2024 law wasn’t the sole reason for Britt’s departure, but he took it as a nudge that the office could be ready for a new voice.
“I’ll be honest, no one gave me this impression or anything like this,” Britt said. “But it was natural for me to just be looking over my shoulder for the last year thinking, ‘Oh, when’s the other shoe going to drop?’”
Next month, Britt starts as general counsel and public information officer for Marion County Courts. There he plans to use his legal skillset, but get back to some of his roots, he said.
Britt looks forward to working with a team again.
“I’ve kind of been on an island for 12 years and kind of on my own, and it’ll be nice to be a part of the team again,” Britt said.
Britt said Gov. Mike Braun – who will ultimately choose his successor – and his team were easy to work with and the counselor’s office remains fully funded in Braun and House Republicans’ respective budgets.
Braun’s office did not respond to a request for comment before this story was published.
Britt said the office is primed for the next counselor who is appointed. He hopes that person will listen to the people, like he tried to do.
“Sometimes it’s almost like I’m a public access therapist, and so folks will call me, and my job is just to kind of shut up and listen,” Britt said. “That listening piece is going to be crucial. If asked, that’s what I’ll say to my successor.”
And Britt will continue to carry the office’s mission through all he does, he said.
“Over the years, I’ve bought into the mission of and the concepts of government transparency, and I will stress for forever, as long as I have a voice at the table, that good government starts with transparency and being accountable to taxpayers,” Britt said. “Mileage varies when I’m talking to politicians about that, but some have similar buy-in. I really do think that you’re never going to please everybody. Never going to make the decisions across the board that everybody’s going to be pleased with, but don’t let them attack the process. There’s value and fidelity to the process.”
WFYI education editor Eric Weddle contributed to this story. Rachel Fradette is the WFYI Statehouse education reporter.
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