Public regulators of Indiana casinos say they will release reports and documents about state gambling boats that they previously sought to keep private. The Indiana Gaming Commission, which oversees the state's $1.8 billion casino industry, had denied The Cincinnati Enquirer access to records used by the seven governor-appointed commissioners to reach key decisions during public meetings.

        But now, some of those meetings are under scrutiny by state legal experts. They say the commission's practice of holding meetings via telephone conference calls limits public access and is not allowed under state law.

        “They are not allowed to have phone meetings,” says Sandra Barger, staff attorney for the state's Open Access Counselor.

        State law allows for a small number of agencies to conduct meetings by phone, and the list does not include the gaming commission, says Ms. Barger. She trains state employees about public records and writes opinions on public access issues.

        “Our position would be that if you are not on that list, you don't have the authority to do it,” she says. “If (the commissioners) are doing it, they need to have a statute.”

        Indiana Gaming Commission officials say they haven't violated any rules.

        “No decisions are made in private,” says Jenny Arnold, the commission's director of external affairs. “All decisions are made in a public forum.”

        Indiana's 10 riverboats employ about 16,000 people and pulled in about $493 million in gaming tax revenue for the state last year.

        Ms. Arnold says laws specifically allow several state agencies to have phone meetings, but “we don't believe it prohibits other agencies.”

        Phone meetings are always open to the public, who can listen at the commission's Indianapolis office, she says. The commission also follows the same notification process for a phone meeting as it does for a regular meeting.

        “We only have phone meetings when timing is an issue,” Ms. Arnold says. “The only reason we ever do it is to accommodate time schedules.”

        The last telephone meeting took place April 10. Commissioners heard a report from the executive director about the state's 10 riverboats and commissioners discussed financial issues involving two casinos, neither of which noted time-sensitive emergencies.

        Commission Chair Donald Vowles and the six other commissioners did not return calls about the phone meetings.

        Commissioners were also mum about why the agency wanted to keep secret reports written by commission staff. The reports, requested by The Enquirer, were denied under a state law that allows agencies to withhold documents that express an opinion.

        Ms. Barger and lawyers for the newspaper and the Hoosier State Press Association said the commission was trying to use a limited law to throw a blanket over all documents.

        In a letter received last week, Ms. Arnold said the documents will be released.

        Gov. Frank O'Bannon would not comment. Through a spokesman, he said that he is a strong proponent of the Open Records Law, and “is confident that the commission is complying with the law.”

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