Ohio Open Records Law
From Sunshine Review
Contents |
The Ohio Open Records Law is contained in Section 149.43 of the Ohio Revised Code. The law describes what records are available, what agencies are coverage, what fees can be charged, who can ask for records, and so on.
The Ohio General Assembly first enacted the open records law in 1963 ; the state's open meetings law was passed earlier, in 1954.
The Open Meetings Law legislates the methods by which public meetings are conducted.
The motivating idea behind Ohio's right-to-know laws was expressed by an Ohio court in 1994 when it wrote "public records are the people's records, and officials in whose custody they happen to be are merely trustees for the people."[1]
[edit] Recent news
[edit] Transparency blocking
- CPS to learn today who wants top job
- School board: superintendent applications are not public records while at post office
- CPS chief resumes hidden in box
More transparency blocking news from across the country.
[edit] Litigation
- Ohio Man Fined for Open Records Request
- Ohio Supreme Court disserves the public in yet another records ruling -- editorial
- Court: Ohio governor largely followed records law
More FOIA litigation news from across the country.
[edit] Legislation
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Ohio #31 in the nation with an overall percentage of 50.00%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Ohio 34 points out of a possible 100, a letter grade of "F", and a ranking of 41 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Ohio's law as the 41st worst in the country, giving it a letter grade of "D".[3]
[edit] Features of the law
It is important to note that all government divisions are required to adopt a public records policy and nominate a keeper of the records. They are also required to give a copy of their public records policy to their particular custodian and he or she must sign that they have received it. Further the law requires that "The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices" [4]
[edit] What records are covered?
All records "kept by any public office" as well as records of both non-profit and for-profit private schools. [4]
Notable exemptions include but are not limited to:
- medical records
- parole or probation hearings
- adoption, parentage and DNA information
- trial preparation information
- law enforcement investigations
- inmate records
- Department of youth services records
- intellectual property
- donor information
- "Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, or EMT residential and familial information" [4]
- hospital trade secrets
- juvenile recreation information
- examinations
- financial and personal information of individuals applying for financial assistance
However, Ohio law requires departments to separate exempt and non-exempt material in the same source and release the non-exempt material. [4]
[edit] What agencies are covered?
Agencies include alll branches of government and any organization that was "established by the constitution and laws of this state for the exercise of any function of state government" as well as all political subdivisions. [5]
[edit] Agency Exemptions
- Court records:
- "Any record used by a court to render a decision is a record subject to R.C. 149.43", according to State ex rel. WBNS TV Inc. v. Dues, a 2004 decision.
- Trial judges are not required under the law to release personal notes taken about cases over which they are presiding, according to the 1993 decision in State ex rel. Steffen v. Kraft.
- In 1998, a court said the report of an attorney-examiner to a county Board of Tax Appeals is exempt from disclosure because a Board of Tax Appeals is a "quasi-judicial body" which is entitled to the deliberative privacy of the courts: TBC Westlake Inc. v. Hamilton County Board of Revision.
- State legislators: The state legislature has exempted from disclosure:
- Documents that are not filed with the clerk of the General Assembly.
- Documents that communicate between legislative staff and a member of the General Assembly. (ORC § 101.30).
- Statewide constitutional officers: The Ohio Supreme Court ruled in State ex rel. Plain Dealer v. Cleveland that the doctrine of separation of powers may mean that Ohio's sunshine law does not apply to the records of the state's constitutional officers (Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, and Attorney General).
- In State ex rel. Toledo Blade v. University of Toledo Foundation, a 1992 decision, a court ruled that records of donors to a private corporation that functioned as the fundraising arm of a state university should be public.
- In State ex rel. Fostoria Daily Review Co. v. Fostoria Hospital Association, a 1988 decision, a court ruled that the minutes of meetings of the board of trustees of a nonprofit corporation operating a municipal hospital should be public.
- In State ex rel. Plain Dealer v. Cleveland, a court ruled that resumes received by a private executive search firm hired by the city of Cleveland to find candidates for city police chief should be public.
[edit] Who may request records?
Anyone may request public documents in Ohio. All "public records responsive to the request shall be promptly prepared and made available for inspection to any person". [6]
[edit] Must a purpose be stated?
Nothing in the Ohio law requires a statement of purpose. In fact records requests need not even be submitted in writing and can be made anonymously. [4]
[edit] How can records be used?
According to statute, there are no restrictions to the use of records nor can intended use play a role in denying a request. [4]
[edit] Time allowed for response
- See also Request response times by state
The Ohio law does not specify a time limit on open records request.
[edit] Fees for records
- See also Sunshine laws and search fees
Ohio law allows for individuals to choose the method and medium in which they would like to receive their requested record. The department can charge fees to cover the cost of producing the record based on their request. Ohio law does not elaborate on whether or not fees may be charged for the labor of searching for and compiling documents.
[edit] Ohio government websites
- Main article: Evaluation of Ohio county websites
As of March 2009, of the 88 Ohio counties, just 28 counties provide information on how to request public records using the Ohio Open Records Law.
[edit] Proposed changes to the law
- Main article: Proposed reforms in state sunshine laws, 2009
House Bill 22 [7] would allow additional fees to be charged to those requesting public records for "bulk data requests" and for redacting information. The Canton Rep editorialized in opposition to this bill, saying: "We cannot see how this bill could be rewritten in a way that would comply with the spirit of Ohio’s public records laws — or with the letter of the sensible existing law on fees for access". [8]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Ohio. For more information go the page or go to Ohio sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Notable requests
[edit] See also
[edit] External links
- Ohio Revised Code Chapter 149.43, Public Records
- Open Government Guide to Ohio
- Ohio Open Records Act, Buckeye Institute
- Past articles on Ohio
[edit] References
| |||||||||||
