Vaidik, J.
Jennifer L. Tutt went to the Evansville Police Department (“the Department”) and asked to inspect an accident report for no fee. An employee directed her to a website that charges $12 for an accident report. Tutt sued the Department, alleging that it violated the Indiana Access to Public Records Act (APRA), Indiana Code chapter 5-14-3, by not allowing her to inspect the accident report at the police department for no fee. The trial court entered summary judgment for the Department, and Tutt appeals.
Tutt renews her argument that she should be allowed to inspect the accident report at the police department for no fee. The Department acknowledges that the APRA does not allow a fee to inspect a public record, which includes an accident report. However, it asserts that Title 9 of the Indiana Code allows a fee to inspect an accident report and that these statutes control. Although Title 9 allows a fee to obtain an accident report, it does not authorize a fee to inspect the report. We therefore reverse.
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Tutt appeals the trial court’s entry of summary judgment for the Department. She contends the APRA does not authorize a fee to inspect an accident report.
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According to the APRA, “it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.” Ind. Code § 5-14-3-1; see also Evansville Courier & Press v. Vanderburgh Cnty. Health Dep’t, 17 N.E.3d 922, 928 (Ind. 2014) (explaining that the “APRA is intended to ensure Hoosiers have broad access to most government records”). To that end, “Any person may inspect and copy the public records of any public agency during the regular business hours of the agency,” subject to the exceptions listed in Indiana Code section 5-14-3-4. I.C. § 5-14-3-3(a) (emphasis added). The Department acknowledges that it is a public agency, that an accident report is a public record, and that no exception applies.
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The APRA also discusses fees. “[A] public agency may not charge any fee under this chapter . . . [t]o inspect a public record.” I.C. § 5-14-3-8(b)(1) (emphases added). However, “a public agency shall collect any certification, copying, facsimile machine transmission, or search fee that is specified by statute or is ordered by a court.” Id. at (f) (emphasis added).
Tutt argues that she should be allowed to inspect the accident report at the Department for no fee. The Department acknowledges that the APRA provides that there is no fee to inspect a public record, which includes an accident report. However, it asserts that Title 9 of the Indiana Code allows a fee to inspect an accident report and that these statutes control.
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“A report filed by a law enforcement officer under section 2 of this chapter is not a confidential record and shall be made available for inspection and copying under IC 5-14-3.” I.C. § 9-26-2-3 (emphasis added).
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In arguing otherwise, the Department relies heavily on the Public Access Counselor’s advisory opinion in another case, 15-FC-213. We first note that we are not bound by the Public Access Counselor’s advisory opinions. See Carroll Cnty. E911 v. Hasnie, 148 N.E.3d 996, 1004 (Ind. Ct. App. 2020). In that case, the Public Access Counselor rejected the argument that a public agency may not charge a fee to inspect an accident report.
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In short, the Public Access Counselor interpreted Section 9-26-9-3 to authorize a fee for inspecting an accident report because the APRA allows fees under Section 5-14-3-8(f). But as Tutt points out, Section 5-14-3-8(f) allows only certain fees (copying, certification, fax, and search)—none of which include fees for inspecting.
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We recognize that the Indiana State Police has entered into an agreement with LN Coplogic to operate the ARIES system and that citizens can conveniently purchase accidents reports for $12 from buycrash.com. We also recognize that a portion of these fees are returned to the law-enforcement agencies that investigated the accidents and that such fees provide important funding to the agencies. But this arrangement and system do not change the fact that neither the APRA nor Title 9 authorizes a fee to inspect an accident report. Accordingly, Tutt can go to the Department to view the accident report for no fee.
We therefore reverse the entry of summary judgment for the Department and remand the case for the trial court to enter summary judgment for Tutt.
Reversed and remanded.
Riley, J., and Bailey, J., concur.