Pyle, J.
Statement of the Case
This appeal concerns the issue of whether the campus police department of a private university is subject to the Indiana Access to Public Records Act (“APRA”). Appellants/Plaintiffs, ESPN, Inc. (“ESPN, Inc.”) and Paula Lavigne (“Lavigne”) (collectively, “ESPN”) filed a complaint against Appellee/Defendant, University of Notre Dame Security Police Department (“the Police Department”), claiming that the Police Department qualified as a public agency under APRA and had violated APRA by refusing to provide ESPN with access to certain public records that ESPN had requested. After both parties filed cross-motions for judgment on the pleadings under Trial Rule 12(C), the trial court granted judgment in favor of the Police Department and denied ESPN’s cross-motion, determining that the Police Department was not subject to APRA.
On appeal, ESPN argues that the trial court erred in granting judgment in favor of the Police Department because (1) the Police Department qualified as a “public agency” under APRA’s definition of the term and was, therefore, required to provide access to the public records ESPN had requested; and (2) the doctrine of legislative acquiescence did not bar ESPN’s claim. Because we conclude that: (1) the Police Department is a “law enforcement agency” as defined in APRA, and therefore qualifies as a public agency subject to the act; and (2) the doctrine of legislative acquiescence did not bar ESPN’s claim, we reverse the trial court’s judgment on the pleadings. We remand with instructions for the trial court to enter judgment in favor of ESPN. However, we do not, as ESPN requests, find that the trial court must order the Police Department to produce the public documents ESPN sought. We instruct the trial court to determine which of the records the Police Department was required to produce under APRA and then order the Police Department to produce only those records.
We reverse and remand with instructions.
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Because we conclude that the Police Department does qualify as a “public agency” under APRA and that ESPN’s claim is not barred by the doctrine of legislative acquiescence, we also conclude that the trial court erred in entering judgment in favor of the Police Department. However, we cannot, as ESPN requests, order the Police Department to produce the records that ESPN sought because we are not able to determine whether those records are accessible under APRA. ESPN’s three requests are not a part of the record, and APRA exempts certain categories of public documents, such as investigatory records, from its public access requirements. See I.C. § 5-14-3-4 (listing records excepted from disclosure requirements). We remand to the trial court with instructions to enter judgment in favor of ESPN and to evaluate ESPN’s records requests to determine which records the Police Department is required to produce under APRA.
Reversed and remanded with instructions.
Vaidik, C.J., and Robb, J., concur.