How to File a Public Records Request in Brownsburg, Indiana

What Is the Indiana Access to Public Records Act?

Indiana's 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.), guarantees every person the right to inspect and copy records held by any public agency in the state — including municipalities like the Town of Brownsburg. The law's foundational principle is explicit: government is the servant of the people, and all persons are entitled to full and complete information about the affairs of government. You do not need to be an Indiana resident, and you are not required to explain why you want the records.

A "public record" under APRA is broadly defined to include any writing, photograph, recording, electronically stored data, or other material created, received, retained, or filed by a public agency in the course of its official functions. For Brownsburg, this encompasses town council minutes, building and zoning permits, vendor contracts, departmental budgets, police incident reports, employee salary records, utility records, and email correspondence related to official town 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 criminal investigatory records, attorney-client privileged communications, deliberative advisory materials, and certain personnel file information. Critically, the burden of proof to justify any withholding rests entirely on the agency, not on the person making the request.

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 Brownsburg

How to Submit Your Request

The Town of Brownsburg accepts public records requests through its online Laserfiche portal at laserfiche.brownsburg.org/Forms/PublicRecordsRequest. This is the preferred submission method and creates a timestamped electronic record of your request. You may also submit requests in person or by mail to the Clerk-Treasurer's Office at 61 N Green Street, Brownsburg, IN 46112, during normal business hours (Monday–Friday, 8:00 AM–4:30 PM). Note that the Town explicitly states requests should NOT be submitted by email. Requests for EMS, fire, and environmental site assessment records must be submitted through a separate process at brownsburg.org/197/Requesting-Information, not through the general public records portal. For police department records such as accident and incident reports, use the Public Access Request Form at brownsburg.org/397/Public-Access-Request.

Download Required Form

What to Include in Your Request

• Your full name and mailing address or contact information
• A clear and specific description of the records you are requesting, including document type and subject matter
• The approximate date range or time period covered by the records
• The town department or office you believe holds the records (e.g., Clerk-Treasurer, Police Department, Planning Department)
• Your preferred format for receiving records (electronic copy or paper)
• A fee threshold — the maximum amount you are willing to pay, or a request for a fee estimate before production begins
• A citation to the Indiana Access to Public Records Act (Ind. Code §§ 5-14-3-1 et seq.) to establish the legal basis for your request

Response Deadlines and What to Expect

Under Indiana's Access to Public Records Act (Ind. Code § 5-14-3-9), the Town of Brownsburg must respond to a written public records request within 7 calendar days of receipt. For requests made in person or by telephone, the agency must respond within 24 hours. There is no residency requirement — Indiana's APRA applies equally to residents, journalists, out-of-state requesters, and anyone else, without requiring a reason for the request.

It is important to understand what a "response" means under Indiana law. Within 7 calendar days, the Town must either (1) provide the requested records, (2) acknowledge receipt and give an estimated date for production, (3) state that the records do not exist, or (4) deny the request in writing citing a specific statutory exemption. The law does not require complete production of records within 7 days — only an initial response. For voluminous or complex requests, actual delivery may take longer, but the Town must communicate a good-faith timeline.

For copying fees, Indiana law allows agencies to charge only actual reproduction costs — not labor, search time, or overhead. If you request paper copies, the charge reflects actual per-page costs. Electronic records are generally provided without charge beyond the cost of any storage medium. The Brownsburg Police Department accepts payment by credit card (Visa, MasterCard, or Discover), exact cash, or money order — personal checks are not accepted. Request a fee estimate upfront if cost is a concern, and set a dollar threshold in your initial request to avoid surprise charges.

What to Do If Your Request Is Denied or Delayed

If the Town of Brownsburg denies your public records request, Indiana law is specific about what must happen: the denial must be in writing, must cite the specific statutory exemption being invoked, and must identify by name and title the person responsible for the decision (Ind. Code § 5-14-3-9(d)). A vague response or a blanket claim of confidentiality without a specific code citation is itself a potential APRA violation. If the Town simply fails to respond within 7 calendar days of receiving a written request — or within 24 hours for an in-person request — that non-response can be treated as a constructive denial, giving you the same rights to appeal as a formal written denial.

Common reasons agencies cite for denial include discretionary exemptions such as criminal investigatory records, attorney-client privilege, deliberative advisory material, or personnel file information. Mandatory exemptions include trade secrets, individual medical records, and records declared confidential by statute. Not all claims are valid — the Town bears the burden of proving each exemption applies, not you.

Your first and most important step after a denial is to contact Indiana's Office of the Public Access Counselor (PAC), which operates within the Office of the Attorney General at www.in.gov/pac or (317) 234-0906. The PAC provides free advisory opinions and informal guidance to both requesters and agencies. Consulting the PAC before filing a lawsuit is strategically critical: under Ind. Code § 5-14-3-9(i), a court may only award attorney fees to a prevailing plaintiff if that plaintiff first sought and received a PAC opinion finding the denial improper. This step costs nothing, can resolve many disputes without litigation, and preserves your most powerful legal remedies.

If informal resolution and a PAC opinion fail to produce the records, you may file a civil lawsuit in the Hendricks County Circuit or Superior Court. In that proceeding, the burden of proof shifts entirely to the Town — it must demonstrate that any withheld record is lawfully exempt, not the other way around.

Steps to Appeal

1. Review the written denial carefully and confirm the Town has cited a specific statutory exemption under Ind. Code § 5-14-3 and identified the responsible official, as required by Ind. Code § 5-14-3-9(d).
2. Contact the Clerk-Treasurer's Office at (317) 852-1126 to ask for informal reconsideration — clarifying or narrowing your request sometimes resolves disputes without formal escalation.
3. File an inquiry or formal complaint with the Indiana Office of the Public Access Counselor (PAC) at www.in.gov/pac or (317) 234-0906 — PAC consultation is free and often persuades agencies to comply without litigation.
4. Request a written advisory opinion from the PAC; this step is essential to preserving your right to recover attorney fees if you later file and win a civil lawsuit under Ind. Code § 5-14-3-9(i).
5. If the PAC issues a favorable opinion and the Town still refuses access, consult a public records or media law attorney about filing a civil action in Hendricks County Circuit or Superior Court.
6. In court, the Town bears the burden of proving each claimed exemption applies under Ind. Code § 5-14-3 — you do not need to prove you are entitled to the records.
7. If you prevail in court and previously received a favorable PAC opinion, the court may award your reasonable attorney fees and costs under Ind. Code § 5-14-3-9(i).

Types of Records You Can Request from Brownsburg, Indiana

The Town of Brownsburg produces and maintains a wide range of public records across its departments, including the Clerk-Treasurer's Office, Planning and Development Services, Police Department, Fire Department, Public Works, and Parks. Under Indiana's APRA, all of these records are presumptively public unless a specific statutory exemption applies.

• Town Council meeting minutes, agendas, and supporting documentation
• Town ordinances, resolutions, and municipal code amendments
• Building permits, inspection reports, and code enforcement actions
• Zoning variances, site plan approvals, and Plan Commission decisions
• Town contracts with vendors, developers, and service providers
• Annual budgets, appropriations ordinances, and financial reports
• Police incident reports and traffic accident reports (non-investigatory portions)
• Town employee salary and compensation records
• EMS and fire run reports (submitted via separate request process)
• Environmental site assessment records and open violation notices
• Water and wastewater utility records and rate schedules
• Public Works street department project and infrastructure records
• Town Manager memoranda and administrative correspondence
• Park and recreation facility permits and program contracts
• Economic development agreements and tax abatement applications

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

Tips for Effective Public Records Requests in Brownsburg