On April 2, 2009, I published excerpts from the November, 2008 Northwest Indiana Educational Service Center board minutes wherein it was noted that "The Directors received two [Attorney General] opinions that were both favorable to the Service Centers, but they wouldn't be issued until after the election." I requested those "two opinions" that the minutes state were specifically received by ESC Directors, and received a written response from Dr. Charles Costa, Director of the NWIESC.
"I do not have copies of these opinions," he wrote. Well, then where are they, Dr. Costa? They obviously existed at some point. Were public records destroyed or are you simply avoiding disclosure? The law clearly states that public records must be maintained and that the public has a right to them.
Looks like I'll be filing yet another complaint with the Public Access Counselor. Perhaps Dr. Costa can explain to Heather Neal where the records are.
Here's the excerpt from the board minutes in question:
"The Service Centers decided to obtain an opinion because of the State Board of Accounts resistance. The Directors wanted to receive the Attorney General's opinion, but it never came. The Directors were told it was due to the election. The Directors received two opinions that were both favorable to the Service Centers, but they wouldn't be issued until after the election. The day before the election, a current opinion was distributed which was against the Service Centers and was in favor of the roofing bid through the Public Works project. Dr. Costa commented that this will probably be the end of the TREMCO bid through the Service Centers..."
Click on to enlarge PAC Complaint.