Two HEPL board members met at a coffee shop. Social media stir ensued. Were any rules broken?

Two Hamilton East Public Library Board members sat down with the board’s hired attorneys at Geist Coffee Company in Fishers Friday, prompting a debate on social media about what they are allowed to do outside the public eye.

Photos of the meeting, shared on X by Fishers resident Sarah Arbuckle, showed Board President Laura Alerding and board member Ray Maddalone with Barnes and Thornburg attorneys Mark Crandley and Chris Greisl. 

The messages on X prompted a public debate about whether or not Alerding and Maddalone sought to make decisions and plans in the dark. 

None of the board members or attorneys present responded to an IndyStar query asking about the nature of that meeting.

Last week, Alerding was not reappointed to the library board by her fellow Noblesville school board members. Her departure threatens the library board's socially conservative majority, which built and passed a policy to move "inappropriate" books from the teen section.

On Monday afternoon, the board canceled three planned executive session meetings scheduled for this week and moved their Aug. 24 meeting time to 3 p.m., three hours earlier.

The board offered no explanation.

The meet-up, unlike executive sessions and public meetings, was not posted to public notice. But that's not always a requirement, according to public access laws.

So was it allowed? That’s difficult to determine and a gray area, Indiana Public Access Counselor Luke Britt said.

“I didn't see any illegality there," Britt said. "Optics are something completely different I can't really speak on. As far as the legality of the Open Door Law goes, unless it was a formalized committee of the two of them then we're getting somewhere."

Two board members of a seven-member board do not make up a quorum, but they could make up a quorum if they sat on a committee and discussed a topic related to that committee, Britt said. 

Britt reserved his judgment on whether this violates the Open Door Law, in case someone files a complaint. Specific criteria exists for a serial meeting, which is a series of meetings meant to avoid the Open Door Law.

“In order to trigger the serial meeting you would need to have three at any one time, that's your starting point," Britt said. "So, you'll never get there with groups of two, just mathematically."

Britt added that the issue here could be more about internal governance. Any use of funds for attorney fees would need to be approved or authorized by the majority of the board, he said.

At least one board member, Andre Miksha, was unaware of this meeting. Miksha said he discovered it happened through social media posts after the fact.

“I am not shocked that small groups of board members meet to talk about the library and agenda items in order to properly prepare for public meetings,” Miksha said in an email. “Either four members or a quorum of a particular committee talking about committee matters in an unnoticed meeting would be quite concerning.”

Alerding, Maddalone and Greisl did not immediately respond to IndyStar request for comment.

Several members of the public questioned the legality of the meeting although it was not clear if it violated any public access laws.

Young adult author John Green continued his involvement in the library board’s saga by taking to X to protest about the board's “demented” policy and ask why the meeting happened.

Green's book was moved to the adult section and swiftly moved back after Alerding released a statement placing blame on library staff for misinterpreting the policy.

In his message, Green tagged the lawyers involved. “Stay classy, Barnes and Thornburg! @BTLawNews, I'll be fascinated to learn if you were on the public's dime during this meeting. What a good use of government resources! Did we buy your drinks as well? p.s. Hope the entire board was informed of this meeting; otherwise it was definitely illegal.”

Rachel Fradette is a suburban education reporter at IndyStar. Contact her at rfradette@indystar.com or follow her on Twitter at @Rachel_Fradette.