One of the reoccuring suggestions this publication gets is a desire for a deeper dive of public records. Our readers want to know what our rights are as citizens to further understand of the governments that serve us and how we can learn more about the decisions that are being made that impact our lives.
Public records are documents, devices, or items created or received by public offices that serve to document their organization, functions, policies, decisions, procedures, operations, or other activities. These records can be in any physical form, including electronic records, like e-mails.
Ohio's Public Records Act, part of Ohio’s set of "Sunshine Laws", governs access to public records in the state. This law applies to all public offices, including state agencies, public institutions, local governments, and other organized bodies established by Ohio law for government functions. Local governments such as counties, municipalities, townships, school districts, libraries, courts, and special taxing districts are all subject to this law.
The types of records covered by Ohio's public records law are extensive. They include, but are not limited to, emails, policies, budgets, reports, correspondence, notes, and minutes. Essentially, any document or file prepared or possessed by a public office is considered a public record, unless it falls under specific exemptions.
To access public records in Ohio, individuals have the right to inspect and copy a vast number of documents. The process for requesting records is relatively straightforward. Requests can be made in person, by email, by mail, or through other means. While a written request is not required by law, it is always helpful to clarify the specific records being sought. The key is to make the request as specific as possible to assist the records keeper in locating the desired information.
In most communities, a quick email to the clerk of the council, the clerk of the commission or the public information officer is all that needs to take place. Most public documents are easy for the city staff to retrieve and send. Reports, budgets, minutes should all by easy to retrieve. The key is to be specific in your request. Requesting minutes from the park board meeting with a specific date will yield a quicker and better response than “minutes from some park meeting in Winter”.
When it comes to electronic correspondence, you should make it clear that you are making a public records request and also be as specific as possible. State in your request the sender of the record and if the record is intended for an individual, or group of individuals, state that information as well. Also, it is helpful to provide a timeframe and a subject as well. Local governments are not obligated to fill public records request that are too broad and too unweildy.
Also, it's important to note that public offices are only required to provide existing records. They are not obligated to create new records or lists in response to a request. Additionally, while public offices may ask for a written request to better identify and locate records, they must inform the requester that this is not a legal requirement.
State law mandates that public records must be promptly prepared and made available for inspection during regular business hours. Copies of requested records should be provided at cost and within a reasonable timeframe. If a record contains both public and exempt information, the public office must make available all non-exempt portions of the record.
There are some exceptions to what can be accessed under Ohio's public records law. These exceptions include medical records, attorneys' private notes, and active law enforcement investigations. The full list of exceptions can be found in Ohio Revised Code §149.43(A)(1)(a-cc).
Local government agencies in Ohio are required to organize and maintain their records in a manner that facilitates public access. They must have a current records retention schedule available at a location readily accessible to the public; this information is contained on a “Form RC-2”. This schedule outlines how long different types of records must be kept and when they can be disposed of.
The Ohio Attorney General's Office plays a crucial role in overseeing public records access. They provide guidance on records retention and disposal, ensuring that proper procedures are followed. Local records commissions, mandated by Ohio Revised Code, are responsible for establishing rules for retention and disposal of records within their respective jurisdictions.
It's worth noting that social media records created by government agencies are also considered public records in Ohio. The Ohio Public Records Act requires that these electronic records be preserved, regardless of their physical form.
The Ohio Court of Claims and Public Records Litigation
So, what happens when a loclal government does not comply with the public records laws on the books? Well, citizens have options to litigate the matter in front of the court, including the Ohio Court of Claims in Columbus.
Established under Ohio law, this court has jurisdiction to hear complaints alleging denial of access to public records. This process provides Ohio residents with an expedited and economical way to resolve public records disputes with local government entities.
When a public office or official denies access to public records, Ohio residents can file a complaint with the Ohio Court of Claims. This process is designed to be accessible and straightforward. Residents can file a complaint using the Public Records Access Formal Complaint form provided by the Ohio Court of Claims. When filing, complainants must attach copies of the original records request and any written responses or communications concerning the denial of the request. The filing fee for a public records complaint is $25, which is significantly lower than filing a mandamus action in other courts.
Once a complaint is filed, the Court of Claims follows a structured process to resolve the dispute. All public records cases are first referred to mediation with a court staff attorney or magistrate. If mediation is unsuccessful, a special master is assigned to review the case and issue a report and recommendation. A judge then considers any objections to the special master's report and issues a final order that adopts, modifies, or rejects the report and recommendation.
This Court of Claims process offers several advantages for Ohio residents seeking access to public records from local governments. It provides an expedited resolution, with decisions often reached within a few months. The lower filing fee and streamlined process make it more accessible for individuals to pursue their rights to public records. Additionally, the Court of Claims has developed specific expertise in handling public records disputes, potentially leading to more consistent and informed decisions.
While the Court of Claims offers an efficient path for resolving public records disputes, Ohio residents still have the option to file a mandamus action in the common pleas court, court of appeals, or Ohio Supreme Court to compel compliance with public records law. However, it's important to note that a requester can pursue either a mandamus action or resolution in the Court of Claims for a particular public records request, but not both.
Ohio's public records laws, coupled with the Court of Claims process, provide a robust framework for transparency and accountability in local government. By allowing broad access to government records and offering an accessible dispute resolution mechanism, these laws enable citizens to stay informed about the activities of their public officials and institutions. As technology evolves, so do the methods of record-keeping and access, but the fundamental principle of public access to government information remains a cornerstone of our state’s approach to open governance on the local level.
What Do You Think?
Have you ever requested a public record? How was the process? Let us know your experiences with public records in the comment section!
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