What are (and What aren't) Public Records?

A quick primer on Ohio's public records laws

One of the most critical ways in which residents can understand how their local government works is through the open access provided to certain public records. In Ohio, our "Sunshine Laws," are a fundamental piece of law that ensures transparency and accountability in government operations. This act is based on the principle that public records are the people's records, and government officials are merely trustees of these documents. Today, this newsletter is dedicated to helping our neighbors learn more about Ohio’s Sunshine Laws, especially as they pertain to public records.

It’s important to note that each year, the State Attorney General’s Office updates their Sunshine Law website with the latest edition of the Sunshine Law Handbook, along with other helpful resources that help citizens understand how transparency in government works in our state. The website is updated annually largely because public records law, as simple and straightforward as it might sound, is actually continually evolving and changing, especially with technological advancements that allow residents to interact with government in ways that never existed before. You can learn more from the State Attorney General’s Website here.

The law provides citizens with the right to access and inspect public records, subject to certain limitations. Under the Ohio Public Records Act, a public record is defined as any document, device, or item, regardless of physical form or characteristic, created or received by a public office that serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.

This broad definition encompasses a wide range of materials, including paper documents, electronic records, emails, videos, maps, blueprints, and photographs. Public offices in Ohio are required to organize and maintain their records in a manner that allows for prompt response to public records requests.

When a proper request is made, the public office must provide inspection of the requested records or copies of them, either at cost or no cost, unless part or all of the record is exempt from release. One of the key aspects of the Ohio Public Records Act is that it does not require requesters to provide a reason for wanting the records, give their name, or make the request in writing. However, the request must be clear and specific enough for the public office to reasonably identify the desired records.

While the state law promotes transparency, it also recognizes the need to protect certain types of information. There are numerous exemptions to the public records law that allow public offices to withhold or redact specific information. These exemptions fall into two categories: records that must not be released and records that may be released but can be withheld at the discretion of the public office.

Some examples of records that are not considered public records include confidential law enforcement investigatory records to protect ongoing investigations and sensitive information related to law enforcement activities. This exemption helps maintain the integrity of criminal investigations and protects the safety of individuals involved.

Social Security numbers are also exempt from disclosure to protect individuals' privacy and prevent identity theft. Public offices are required to redact this information from records before releasing them to the public.

Records related to the Family Medical Leave Act or the Americans with Disabilities Act are exempt to protect employees' privacy regarding their medical conditions and accommodations.

Residential and familial information of designated public service workers, including peace officers, firefighters, EMTs, prosecutors, children's service workers, and corrections officers, is exempt from disclosure. This exemption helps protect the safety and privacy of these individuals and their families.

Medical records that pertain to a patient's medical history, diagnosis, prognosis, or medical condition are generally exempt from disclosure to protect patient privacy.

Intellectual property records and trade secrets are exempt to protect the competitive advantage of businesses and organizations.

Records related to minors, such as information pertaining to the recreational activities of a person under the age of eighteen, are exempt to protect the privacy and safety of children.

It's important to note that when a record contains both public and exempt information, the public office is required to redact the exempt portions and release the rest of the record. This ensures that the maximum amount of information is made available to the public while still protecting sensitive or confidential data.

Ohio’s Sunshine Laws also addresses the creation and retention of records. Public offices are only required to create records that are necessary for the adequate and proper documentation of their organization, functions, policies, decisions, procedures, and essential transactions. This gives public offices some discretion in determining which records to maintain, but they are not required to create new records to respond to a public records request.

If a person believes they have been wrongly denied access to a public record, they have two options for recourse. They can either file a lawsuit (called a mandamus action) against the public office or file a complaint with the Ohio Court of Claims. In these cases, the burden of proof is on the public office to demonstrate that any withheld records are clearly protected by one or more valid exceptions under the law.

Recent changes to Ohio's Public Records Law have expanded the definition of designated public service workers to include Ohio National Guard members, protective services workers, emergency service dispatchers, forensic mental health providers, mental health evaluation providers, and regional psychiatric hospital employees. This expansion provides additional protection for the personal information of these individuals. Additionally, a new exemption has been added related to the list of school personnel trained and qualified to carry firearms. This list is explicitly exempt from the definition of a public record and may be withheld in its entirety.

Understanding Ohio's Public Records Law is crucial for citizens who wish to engage with their government and hold public officials accountable. While the law provides broad access to public records, it also balances this transparency with the need to protect certain sensitive information.

By understanding the types of records that are available and the exemptions that exist, citizens can more effectively exercise their rights and participate in their local government.

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