How to File a Public Records Request in Avon, Indiana

What Is the Indiana Access to Public Records Act?

Indiana's Access to Public Records Act (APRA), codified at Indiana Code Title 5, Article 14, Chapter 3 (Ind. Code §§ 5-14-3-1 et seq.), guarantees every person the right to inspect and copy records held by any Indiana public agency — including the Town of Avon. The law begins from an explicit premise: that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them. You do not need to be an Indiana resident, and you are not required to state a reason for your request.

APRA broadly defines a "public record" as any writing, photograph, recording, or electronically stored data created, received, retained, or filed by a public agency in the course of its official functions. For the Town of Avon, this encompasses building permits, zoning decisions, Town Council meeting minutes, contracts with vendors, departmental budgets, police incident reports (non-investigatory), employee salary records, and email correspondence related to official business.

APRA includes 12 mandatory exemptions — records that must always be withheld, including individual medical records, Social Security numbers, and trade secrets — and 23 discretionary exemptions that agencies may choose to invoke, such as attorney-client privileged communications, deliberative advisory materials, certain personnel file information, and criminal investigatory records. The burden of justifying any withholding always rests on the agency, not the requester.

Read the full text of the Indiana Access to Public Records Act (Indiana Code Title 5, Article 14, Chapter 3 (Ind. Code §§ 5-14-3-1 et seq.))

How to File a Public Records Request with the Town of Avon

How to Submit Your Request

The Town of Avon requires all public records requests to be submitted in writing to the Clerk-Treasurer's Office. No specific form is mandated under Indiana's APRA — a clearly written letter or email describing the records you seek is sufficient. You may submit your written request in person at Avon Town Hall, 6570 E US Highway 36, during regular business hours (Monday–Friday, 8:00 AM–4:00 PM), or by mailing your request to the same address. You may also use the Clerk-Treasurer's Office web contact form at avonindiana.gov/173/Clerk-Treasurer to send your request electronically. For urgent or straightforward requests, Indiana law requires agencies to respond to in-person or telephone requests within 24 hours — call (317) 272-0948 to inquire. Keep a copy of your request and note the date submitted, as the 7-calendar-day written response clock begins upon receipt.

What to Include in Your Request

• Your full name and mailing address (and phone number or email for follow-up)
• A clear, specific description of the records you are requesting, including document type and subject matter
• The approximate date range or time period covered by the records
• The department or office you believe holds the records (e.g., Planning, Police, Clerk-Treasurer)
• Your preferred format for receiving records (electronic PDF, paper copies, in-person inspection)
• A fee threshold — state the maximum amount you are willing to pay, or request a fee estimate before the Town proceeds
• A citation to the Indiana Access to Public Records Act (Ind. Code §§ 5-14-3-1 et seq.) to establish the legal basis for your request

Response Deadlines and What to Expect

Under Indiana's Access to Public Records Act, the Town of Avon must respond to a written public records request within 7 calendar days of receipt. For requests made in person or by telephone, the response deadline is significantly shorter: the agency must respond within 24 hours. These deadlines are set by Ind. Code § 5-14-3-9 and apply equally to all requesters — Indiana's APRA contains no residency requirement, so the same timelines govern whether you live in Avon or in another state entirely.

It is important to understand what "respond" means under Indiana law. Within 7 calendar days, the Town must either (1) provide the requested records, (2) acknowledge the request and provide a good-faith estimate of when records will be made available, (3) explain that the records do not exist, or (4) deny the request in writing citing specific statutory authority. The initial response may simply be an acknowledgment — full production may follow in a reasonable additional period, particularly for voluminous or complex requests.

For fees, the Town of Avon may charge only its actual copying costs for paper records — not for staff time spent searching or reviewing records. The Town has established a fee schedule for records, and payments must be made by credit card, cashier's check, or money order (no cash). Incident reports from the Police Department are available at $0.10 per page. Inspecting records in person is always free. Request a fee estimate before the Town proceeds if you want to avoid unexpected charges.

Electronic records are generally provided without charge beyond the cost of any storage medium.

What to Do If Your Request Is Denied or Delayed

If the Town of Avon denies your public records request, Indiana law requires that the denial be provided in writing, state the specific statutory exemption or authority relied upon, and identify the name and title of the person responsible for the decision (Ind. Code § 5-14-3-9(d)). A denial that simply states a record is "confidential" or "not available" without citing a specific APRA provision is legally insufficient and itself a potential violation. If the Town fails to respond to your written request within 7 calendar days of confirmed receipt — or fails to respond to an in-person or phone request within 24 hours — that silence may be treated as a constructive denial, giving you the same appeal rights as a formal denial.

Common reasons Avon might deny a request include claims that records are part of an active criminal investigation, constitute attorney-client privileged communications, qualify as personnel records subject to discretionary withholding, or are declared confidential by federal or state statute. Not all such claims are valid — the burden of proving any exemption rests entirely on the Town, not on you.

Your most practical first step after a denial is to contact the Indiana Office of the Public Access Counselor (PAC), housed within the Office of the Attorney General. The PAC is reachable at www.in.gov/pac or (317) 234-0906 and offers free advisory opinions and informal guidance. Consulting the PAC is not just good strategy — it is a prerequisite for recovering attorney fees in any subsequent lawsuit. Under Ind. Code § 5-14-3-9(i), a court may award attorney fees to a prevailing plaintiff only if they first sought and received a PAC advisory opinion finding the denial improper. This step costs nothing and frequently resolves disputes without litigation.

If informal resolution fails, you may file a civil lawsuit in the circuit or superior court of Hendricks County. In that proceeding, the burden of proof shifts to the Town of Avon to demonstrate that the withheld records are lawfully exempt — not to you to prove your entitlement to them.

Steps to Appeal

1. Review the denial letter carefully — confirm the Town cited a specific APRA statutory exemption and identified the responsible official, as required by Ind. Code § 5-14-3-9(d). A vague denial is itself a potential violation.
2. Contact the Clerk-Treasurer's Office directly at (317) 272-0948 or in person to ask for reconsideration, clarification, or partial fulfillment — many disputes are resolved informally without formal escalation.
3. File a complaint or request an informal advisory opinion from the Indiana Office of the Public Access Counselor (PAC) at www.in.gov/pac or (317) 234-0906. The PAC is free, fast, and frequently persuasive.
4. Obtain a formal written PAC advisory opinion finding the denial improper — this step is critical to preserving your right to recover attorney fees under Ind. Code § 5-14-3-9(i) if you later file suit.
5. If the PAC opinion supports your position and the Town still refuses to produce records, consult a public records or media law attorney about filing a civil action.
6. File a civil lawsuit in Hendricks County Circuit Court or Superior Court; under Ind. Code § 5-14-3-9(e), the Town bears the full burden of proving that any claimed exemption applies.
7. If you prevail in court, you may recover reasonable attorney fees and litigation costs under Ind. Code § 5-14-3-9(i) — but only if you first sought and received a favorable PAC opinion before filing suit.

Types of Records You Can Request from Avon, Indiana

The Town of Avon generates and retains a wide range of public records through its various departments, including the Clerk-Treasurer's Office, Planning and Building, Public Works, Police Department, Parks and Recreation, and Economic Development. Under Indiana's APRA, all such records are presumptively public unless a specific statutory exemption applies.

• Town Council meeting minutes, agendas, resolutions, and ordinances
• Building permits, inspection reports, and code enforcement actions
• Zoning variances, site plans, and Plan Commission decisions
• Annexation plans and fiscal impact studies
• Town contracts with vendors, contractors, and service providers
• Annual budgets, appropriations, audits, and financial reports
• Police incident reports (non-investigatory) and accident report information
• Town employee salary and compensation records (non-exempt portions)
• Redevelopment Commission meeting minutes and economic development agreements
• Tax Increment Financing (TIF) district records and incentive agreements
• Public Works infrastructure project records and Community Crossings grant documents
• Parks and Recreation facility use permits and program contracts
• Stormwater utility records and MS4 compliance documents
• Town Administrator correspondence and administrative memoranda
• Planning and Building Department permit applications and plat filings

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Town of Avon to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Avon