A PRIMER ON OHIO PUBLIC RECORDS LAW FRANK FORD SENIOR POLICY ADVISOR THRIVING COMMUNITIES INSTITUTE SEPTEMBER 16, 2015 Some of the principles and concepts.

A PRIMER ON OHIO PUBLIC RECORDS LAW

FRANK FORDSENIOR POLICY ADVISOR

THRIVING COMMUNITIES INSTITUTESEPTEMBER 16, 2015

Some of the principles and concepts on the following slides are based in part on the excellent published work of Attorney David Marburger, Baker & Hostetler. However, if there are any errors they are mine alone.

fford@wrlandconservancy.org

What Records are Public?Can I see the Secret Files?

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Historical Context

Core Principles• England – government belonged to the King, thus government records belonged to the King.

• America – government belongs to the people, thus government records belong to the people.

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What Ohio Law Says

Prior law

“Any record required to be kept by law”

Current law

“ Any record kept by a public office…..”

…..which “serves to document the organization, functions, policies, decisions, procedures, operations or other activities of the office”.

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Ohio Court decisions have further defined what is not a public record, i.e. does not serve to document the functions….etc.

Examples:• The hand-written notes of a City employee.

• The home address of a State Employee.

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Right…you wanna see my files??

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“Who Are You With”?and

“Why Do you Want That?”

What the Law Says: • Any “person” can request a public record.• Citizenship is not required.• You don’t have to be affiliated with a company or organization.

• And your reason for wanting the record is irrelevant.

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What About Electronic Records?

Public Records include “Any document, device or item, regardless of physical form or characteristic”.

If records are stored as computer files, you can ask for them in the same format.

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What Will It Cost?

Right to “inspect” records is always free.

Copying: basic rule is you can only be charged for “actual” cost of materials and supplies depleted, not labor.

BUT – one court decision acknowledges increased burden of copying computer tapes (1992).

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Exempt Records – 3 Considerations

1. Default principle – records are open unless specifically exempt.

2. The Ohio Open Records Statute itself does not prohibit release, merely does not require disclosure.

3. However, there are individual prohibitions scattered throughout the Ohio Revised Code that do require non-disclosure.

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Examples: Specific Statutory Prohibitions

• Ohio Ethics Commission Complaints• Attorney Client Privilege• Ohio Income Tax Returns• Juvenile Probation Record• Child Abuse• Grand Jury Subpoenas

• BUT burden is on the public official to state the specific exemption.

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Citizen

Public Official

State Law

Optimal Open Data

"This is what I'm entitled to"

"This is what I need to disclose"

What must be disclosed according tostate law

What must be disclosed according to state law

Disclosureprohibited by state

law.

Neither required nor prohibited.

What may be disclosed.

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Resources

“Access With Attitude: An Advocates Guide To Freedom of Information in Ohio”. David Marburger and Karl Idsvoog, 2011. “Ohio Open Government Guide”, Reporters Committee For Freedom of the Press, prepared by David L. Marburger and Jack Blanton, Baker & Hostetler, 2011.

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For further information contact

Frank Ford, Senior Policy Advisor

Thriving Communities Institute

2012 W. 25th Street

Cleveland, Ohio 44113

fford@wrlandconservancy.org

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