Since it is the public policy of the ODL that it is to be construed liberally in favor of disclosure, exceptions to that general rule of disclosure are to be narrowly construed. Liberal construction of a statute requires narrow construction of its exceptions. In the context of public disclosure laws . . . Other states, in examining their respective 'Open Door' or 'Sunshine' laws, follow these same mandates, particularly the principle of strict construction of statutory exceptions. In construing statutes, words and phrases will be taken in their plain or ordinary and usual sense unless a different purpose is clearly manifest by the statute itself, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
Procedural rules are more relaxed at such hearings as contrasted with civil or criminal trials.
When the General Assembly enacted the ODL, administrative proceedings did exist. The General Assembly enacted the Administrative Adjudication Act, Acts 1947, c.365, and repealed and replaced that Act with the Administrative Orders and Procedures Act, Indiana Code chapter 4-21.5, in 1986. His response to your formal complaint takes the form of copies of a March 8th letter to him concerning this matter from your attorney, Ms. Kimberly Greene and his response to that letter, which was dated March 12th . This Opinion, therefore, focuses solely on the stated purpose of the executive session-to discuss pending litigation. I contacted the Department for a response, which was due on March 6, 2001.