Message from President of SIA concerning HB 1207
Hello everyone,
I am writing to day to inform you of a pending piece of state legislation that affects the Archives world, specifically the Indiana State Archivist position. It is HB 1207, introduced into the House of Representatives several days ago. Some SIA members have been reviewing the legislation and have discovered the following implications.
It would remove language stating that “the director shall serve a term of four (4) years. However, the director may be removed for cause by the governor,” and “the director’s tenure of office is limited only by the director’s ability and the proper performance of the director’s duties.”
Under current law, before the expiration of the term, the archivist can be dismissed "for cause." That has a clearly established legal meaning, basically misfeasance, malfeasance, or professional incompetence.
The removal of this language from the Indiana Code would allow the governor to hire or dismiss the director/state archivist whenever convenient, stripping the language setting four year terms of service.
This raises the possibility of dismissal of the state archivist for any reason at any time and appointments being made to a political patronage position without regard to professional competence.
Therefore, we as your Board of Directors of the Society of Indiana Archivists, recommend that you contact your district’s member of the House and your State Senator to voice your concern. We have included a sample letter below, that you may use or change as you wish.
In addition, SIA will be joining with the Friends of the Indiana State Archives to send a letter to the editor of newspapers around Indiana. The Indiana Library Federation will also have an interest in HB 1207 and will likely take action.
Here is the text of the bill. Please take a look at it before sending your letter. Also below is a link to a page where you can get contact information for your Indiana Representative and Senator.
Thank you,
Sincerely,
Wes Wilson
President
Society of Indiana Archivists
Indiana General Assembly District Lookup Service
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Dear XXXXX,
House Bill 1207 now introduced in the State House of Representatives grants unlimited authority over the hiring and firing of the director of the Indiana Commission on Public Records, who has authority over the Indiana State Archives. Under current Indiana law, the director serves four-year terms. Under the proposed law, the term provision would be removed and the governor could fire the director whenever s/he wished.
This is a grave step in the wrong direction for Indiana. Taking away the term provision would make the director of the Commission on Public Records, who often also serves as the state archivist of Indiana, just another political hireling. The person who runs the Indiana State Archives should be a professional archivist who knows and understands how to manage an archives.
The Indiana State Archives serves to preserve the important records of state government, including the State Constitutions, the bills of the General Assembly, and the case files of the Indiana Supreme Court. The State Archives serves as a trust to be preserved for future generations of Indiana citizens to protect our form of free government for all peoples for all times. It is an important job. We should not undermine the professional independence of the state archivist.
I urge you to oppose HB 1207. Preservation of Indiana's historical records requires a professional with the minimal job security that a four-year term provides. Good government requires good decision-making. Good decisions cannot be made by professionals when they fear for their livelihoods.
Sincerely,
XXXXX