How to File a Public Records Request in Danville, Indiana

What Is the Indiana Access to Public Records Act?

The Indiana Access to Public Records Act (APRA), enacted in 1983 and codified at Indiana Code Title 5, Article 14, Chapter 3 (Ind. Code §§ 5-14-3-1 et seq.), establishes the public's fundamental right to inspect and copy records held by any public agency in Indiana. The law reflects the principle that government is the servant of the people and that all persons are entitled to full and complete information about the affairs of government.

A "public record" under APRA is broadly defined to include 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 Danville, this encompasses documents such as building permits, zoning approvals, town council meeting minutes, contracts with vendors, departmental budgets, police incident reports, employee salary records, and email correspondence related to official business.

APRA contains both mandatory exemptions — records that must be withheld, such as trade secrets, individual medical records, and Social Security numbers — and discretionary exemptions, including certain law enforcement investigatory records, attorney-client privileged materials, and deliberative or advisory communications. Critically, the burden of proof to justify withholding any record rests entirely on the agency, not on the requester. You are not required to explain why you want the records.

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 Danville

How to Submit Your Request

The Town of Danville provides an online Action Center portal at danvillein.gov where you can submit a public records request directly to the Clerk-Treasurer's Office. This is the most efficient method and creates a written record of your request. Alternatively, you may submit a written request by mail or deliver it in person to the Clerk-Treasurer's Office, located in Suite 110 of Danville Town Hall at 49 N. Wayne Street during normal business hours (Monday–Friday, 8:00 AM–4:00 PM, closed noon–1:00 PM). No specific form is required under APRA — a clear written description of the records you seek is sufficient. Calling (317) 745-4180 may result in faster fulfillment for straightforward requests, as Indiana law requires agencies to respond to in-person or phone requests within 24 hours.

What to Include in Your Request

• Your full name and mailing address
• A clear, specific description of the records you are requesting
• The approximate date range or time period covered by the records
• The department or office you believe holds the records (e.g., Building Department, Police Department, Clerk-Treasurer)
• Your preferred format for receiving records (electronic PDF, paper copies, etc.)
• A fee threshold — state the maximum amount you are willing to pay, or request a fee estimate in advance
• A citation to the Indiana Access to Public Records Act (Ind. Code § 5-14-3-1 et seq.) to signal your familiarity with the law

Response Deadlines and What to Expect

Under Indiana's Access to Public Records Act, the Town of Danville must respond to written public records requests within 7 calendar days of receipt. For requests made in person or by telephone, the deadline is significantly shorter: the agency must either fulfill the request or explain why it cannot within 24 hours. These deadlines are set by Ind. Code § 5-14-3-9.

A timely "response" does not necessarily mean you will receive the records within 7 days — it means the agency must acknowledge the request and either provide the records, provide an estimate of when records will be available, or explain why the records are being withheld. There is no citizenship or residency requirement under Indiana's APRA; anyone may file a request regardless of where they live.

If the Town determines records are voluminous or require extensive retrieval, it may provide an extended timeline, but it must communicate this in writing. Under APRA, agencies may charge only actual copying costs for paper records — state agencies are capped at $0.10 per page. The Town of Danville may charge its actual cost per page but may not charge for staff time spent searching or reviewing records. Inspection of records (without obtaining copies) is always free. You may request a fee estimate before the Town begins fulfilling your request.

Electronic records are generally provided without charge beyond the cost of the transfer medium, if any.

What to Do If Your Request Is Denied or Delayed

If the Town of Danville denies your public records request, Indiana law requires that the denial be made in writing, identify the specific statutory exemption relied upon, and name the person responsible for the decision. A vague or unsubstantiated denial is itself a potential APRA violation. The most common reasons for denial in Indiana include claims that records are part of an active criminal investigation, that they contain attorney-client privileged communications, that they qualify as personnel records subject to discretionary withholding, or that a specific state or federal statute declares them confidential.

If your request is simply ignored and the Town fails to respond within 7 calendar days (or 24 hours for in-person/phone requests), that non-response can be treated as a constructive denial — giving you the same rights to appeal as a formal denial.

Your most practical first step is to contact the Indiana Office of the Public Access Counselor (PAC), which provides free advisory opinions and informal guidance to both requesters and agencies. The PAC is reachable at www.in.gov/pac or (317) 234-0906. Consulting the PAC before filing a lawsuit is important because under Ind. Code § 5-14-3-9(i), a prevailing plaintiff in a subsequent lawsuit is entitled to recover attorney fees only if they first sought and received a PAC opinion. This step costs nothing and can resolve many 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 falls on the Town — not on you — to demonstrate that the withheld records are lawfully exempt.

Steps to Appeal

1. Contact the Danville Clerk-Treasurer's Office directly to ask for clarification or reconsideration — informal resolution is often faster than formal appeals.
2. Request a written denial if one has not been provided; under Ind. Code § 5-14-3-9(c), the agency must state in writing the specific statutory basis for any denial.
3. File a complaint with the Indiana Office of the Public Access Counselor (PAC) at www.in.gov/pac or (317) 234-0906 — the PAC will issue an advisory opinion, typically within 30 days, that can persuade the agency to comply.
4. Preserve all documentation of your request, the agency's response (or non-response), and any PAC communication — this record will be essential if litigation becomes necessary.
5. File a civil lawsuit in the Hendricks County Circuit Court or Superior Court, where the Town bears the burden of proving any claimed exemption applies under Ind. Code § 5-14-3.
6. If you prevail in court, you may recover attorney fees under Ind. Code § 5-14-3-9(i) — but only if you first sought and received an advisory opinion from the PAC before filing suit.
7. For records requests involving systematic patterns of denial, consider contacting a media law attorney or the Reporters Committee for Freedom of the Press for additional assistance.

Types of Records You Can Request from Danville, Indiana

The Town of Danville produces and maintains a wide range of public records in the ordinary course of municipal government. Below are categories of records commonly requested under APRA from Indiana municipalities like Danville.

• Town Council meeting minutes, agendas, and resolutions
• Town ordinances and municipal code amendments
• Building permits, inspection reports, and code enforcement actions
• Zoning variances, site plans, and Plan Commission decisions
• Town contracts with vendors, contractors, and service providers
• Annual budgets, appropriations, and financial reports
• Police incident reports (non-investigatory) and traffic crash reports
• Town employee salary and compensation records
• Redevelopment Commission meeting minutes and project documents
• Water, wastewater, and stormwater utility records
• Street Department maintenance and infrastructure project records
• Town Manager correspondence and administrative memoranda
• Park and recreation department permits and event approvals
• Economic development agreements and incentive programs
• Public hearing notices and transcripts

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

Tips for Effective Public Records Requests in Danville