MARK KIESLING: Calling a meeting emergency doesn't really make it one

February 10, 2012 12:00 am

Don't hold me to this, but I think that it was Winston Churchill who said democracy is the worst form of government.

He then qualified that by saying "except for all the others."

There's no question, though, that democracy is cumbersome, tedious and often ineffective, leading people to become frustrated by lukewarm outcomes.

What we need, I guess, is a guy like Benito Mussolini. The trains ran on time in Fascist Italy, by golly!

So it's no shock that Indiana's Open Door Law can create situations that make people unhappy or uneasy, as has been the case in Porter County.

A meeting regarding the hotly debated deer cull within Ogden Dunes town limits, held Jan. 23, violated the state's access law, or so says the state's public access counselor.

But Public Access Counselor Joe Hoage acknowledges the timing of the meetings left the town between a rock and a hard place.

"Clearly, the town was in an almost untenable position in regards to the Open Door Law," he said. "Regardless of what action it took."

Uh-huh. The key here is the word "almost." Any action the town took should be declared null and void, and a new meeting set.

The town is talking about whether to continue allowing limited culling of deer within the municipal limits, which some argue (not necessarily without merit) that this could endanger folks inside their homes.

But one can only hope the shooters are skilled marksmen and can tell the difference between a 12-point buck and a four-flat.

Yes, the decision to hold the meeting on Jan. 23 violated the letter of the law, which requires 48 hours notice posted not only at the Town Hall but also delivered to local media which have requested such information.

Town Attorney Charles Parkinson said the decision to hold the "emergency" meeting -- an exception to the law -- prevented a costly and time-consuming state hearing.

Well, I am sorry, but this was not an emergency. An emergency is when the river is overflowing its banks and threatening homes or when a tornado has cut a swath through the town.

In this case, the deer cull was on hiatus, and the postponement of the meeting until the following day would have resulted in the additional expense of a state hearing.

But like I said when we started out, democracy is not always about what is cost-effective or convenient. It's about allowing the public to participate whenever feasible.

It was feasible in this case. It wasn't an emergency, except as fiscal expediency. And it's a poor precedent to set for future meetings.

Anything, I guess, can be an emergency is you try hard enough to make it so.

The opinions are solely those of the writer. He can be reached at mark.kiesling@nwi.com or (219) 933-4170.

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