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 Ohio Open Meetings Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Ohio FOIA procedures
[edit] Recent news
- See also: Ohio transparency headlines
[edit] Transparency blocking
- CPS to learn today who wants top job Jun 12, 2009
- School board: superintendent applications are not public records while at post office Jun 12, 2009
- CPS chief resumes hidden in box Jun 12, 2009
More transparency blocking news from across the country.
[edit] Litigation
- Ohio Man Fined for Open Records Request Oct 25, 2009
- Ohio Supreme Court disserves the public in yet another records ruling -- editorial Jun 12, 2009
- Court: Ohio governor largely followed records law Jun 12, 2009
More FOIA litigation news from across the country.
[edit] Legislation
- Ohio pension FOIA request denied, legislature investigates Aug 12, 2010
- Public records won't be as available in Ohio starting July 1 Jun 29, 2009
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] 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)
| Lawsuit | Year |
|---|---|
| Beacon Journal Publishing Co. v. City of Akron | 1965 |
| State ex rel. Cincinnati Enquirer v. Krings | 2001 |
| State ex rel. Fostoria Daily Review Co. v. Fostoria Hospital Association | 1988 |
| State ex rel. Freedom Communications Inc. v. Elida Community Fire Company | 1998 |
| State ex rel. Plain Dealer v. Cleveland | 1996 |
| State ex rel. Steffen v. Kraft | 1993 |
| State ex rel. Toledo Blade v. University of Toledo Foundation | 1992 |
| State ex rel. WBNS TV Inc. v. Dues | 2004 |
| State ex rel. Warren Newspapers Inc. v. Hutson | 1994 |
| State of Ohio v. Allen | 2005 |
| TBC Westlake Inc. v. Hamilton County Board of Revision | 1998 |
| The Cincinnati Enquirer v. Walter Handy and Malcolm Adcock | 2005 |
| Wells v. Lewis | 1901 |
[edit] Proposed transparency legislation
[edit] 2010
Here is a list of transparency legislation for Ohio in 2010:
| Rating | Bill | Current Status | Progress | Information | ||||||||||||||||||||
 B | House Bill 1 | Current Status: Y (effective 07/17/2010) |
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House Bill 1, introduced to the House of Representatives by Representative Vernon Sykes is the state budget bill for 2010. The bill is quite long and extremely complicated. This bill exempts the Ohio Public Employees Deferred Compensation Board, Department of Health, Video Service Authorization, Nationwide Mortgage Licensing System And Registry, county DD board, and State Board of Pharmacy or portions of them from public records as well as providing a way for "peace officers" to protect their personal information from the public record. The bill included employee pay records databases, Board of Educations, Department of Agriculture, a report by the Superintendent of Financial Institutions, Department of Health Child Death Review Database in the public record. The bill also required agencies to use technology to reduce transportation costs while adheering to open meetings laws. [1] | ||||||||||||||||||||
| B | House Bill 10 | Current Status:Y (effective 06/17/2010) |
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House Bill 10, introduced to the House of Representatives by Representative Edna Brown which would allow the Superintendent of the Bureau of Criminal Identification and Investigation to keep records relating to investigations, or furnished to the board from another agency confidential in regards to the Ohio Open Records Law. It also allows the courts to seal records in certain circumstances, such as protection orders for minors.[1] | ||||||||||||||||||||
 A | House Bill 13 | Current Status: C (Referred to Judiciary - Criminal Justice Committee) |
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House Bill 13, introduced to the House of Representatives by Representative Jennifer Garrison and Representative Marian Harris which would include a new classification of sex offender in the already established sex offender database. These new records would be used by sheriffs and would be considered public record. [1] | ||||||||||||||||||||
| A | House Bill 186 | Current Status:C (Referred to Judiciary - Civil Justice Committee) |
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House Bill 186, introduced to the House of Representatives by Representative Matt Patten and Representative Michael Foley which was amended to include an clause requiring the Manufactured Homes Commission to develop a process for maintaining public records which would be obtainable through open records laws. [1] | ||||||||||||||||||||
| B | House Bill 2 | Current Status:Y Passed with partial veto on 04/01/09 (effective 07/01/09) |
|
House Bill 2, introduced to the House of Representatives by Representative Peter Ujvagi which would require the Registrar of Motor Vehicles to adopt and publish rules to govern proceedings for meetings of the Ohio Transportation Finance Commission, which would be open to the public and minutes of those meetings would be obtainable as public records. The commission was also created by this act. [1] | ||||||||||||||||||||
| A | House Bill 215 | Current Status:Y Signed into law on 06/13/10 (effective 09/13/10) |
|
House Bill 215, introduced to the House of Representatives by Representative Tom Letson and Representative Robert Mecklenborg which would require the State Dental Board to post a notice of opportunity for any hearing of the board along with the name of the hearing referee or examiner, these would be public records. [1] | ||||||||||||||||||||
| A | House Bill 331 | Current Status:C (Referred to State Government Committee) |
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House Bill 331, introduced to the House of Representatives by Representative Bob Hagan which would require the Director of Job and Family Services to create an annual report of the top 50 employers who employed the most recipients of the Children's Health Insurance Program, Medicaid, Ohio Works First or the Supplemental Nutrition Assistance Program. Included in this report would be the total cost to the state for providing benefits to those individuals but should not include any personal information about any employee. This report would be considered public record and obtainable under Open Records law. [1] | ||||||||||||||||||||
| B | House Bill 391 | Current Status:C (Referred to State and Local Government and Veterans' Affairs Committee) |
|
House Bill 391, introduced to the House of Representatives by Representative Kathleen Chandler which would establish a program for federal law enforcement officers and other individuals who believe they are in danger of physical harm or threat by another person to have their residential and familial information removed from the public record. [1] | ||||||||||||||||||||
| A | House Bill 436 | Current Status:C (Referred to State Government Committee) |
|
House Bill 436, introduced to the House of Representatives by Representative Terry Boose and Representative Troy Balderson which would allow state agencies to subcontract potions of their responsibilities to private companies, provided those private companies comply with standards set forth by law in matters of maintaining records. [1] | ||||||||||||||||||||
| A | House Bill 445 | Current Status:C (Referred to State Government Committee) |
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House Bill 445, introduced to the House of Representatives by Representative Tom Letson which would allow applicants for D-1, D-2, D-5, and the newly created T-1 liquor permits to file with the mayor of the local municipality as part of the "local entertainment district", these applications would be considered public record. [1] | ||||||||||||||||||||
| B | House Bill 467 | Current Status:C (Referred to Judiciary Committee) |
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House Bill 467, introduced to the House of Representatives by Representative Lou Blessing and Representative Sandra Harwood which would make all all collaborative family law process communications confidential and not available to the public. [1] | ||||||||||||||||||||
| A | House Bill 495 | Current Status: X (Awaiting committee assignment in the Senate) |
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House Bill 495, introduced to the House of Representatives by Representative Dan Dodd and Representative Todd Book which would require the Department of Health - Hospital Measures Advisory Council to keep record of subcommittee proceedings which would be considered public record. [1] | ||||||||||||||||||||
| A | House Bill 515 | Current Status:C (Referred to Financial Institutions, Real Estate, and Securities Committee) |
|
House Bill 515, introduced to the House of Representatives by Representative Stephen Slesnick which would make all information, documents, and reports obtained by the Superintendent of Real Estate and Professional Licensing during audits or investigations confidential and not subject to public records requests. [1] | ||||||||||||||||||||
 C | House Bill 519 | Current Status:Y Signed into law on 06/10/10 (effective 09/10/10) |
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House Bill 519, introduced to the House of Representatives by Representative Kenny Yuko and Representative Todd Book which would create the Ohio Casino Control Commission and assign duties and responsibilities to the commission.[1] | ||||||||||||||||||||
| A | Senate Bill 165 | Current Status:Y Signed into law on 03/31/10 (effective 06/30/10) |
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Senate Bill 165, introduced to the Senate by Senator Tom Niehaus which would require the legislative authority of a political subdivision to hold an open meeting if a proposal has been set forth concerning development of oil and gas resources in an urban area owned by the political subdivision. This meeting would be held in and public venue inside the municipal corporation or township in which the proposed well would be located and would be open to all. [1] | ||||||||||||||||||||
| A | Senate Bill 181 | Current Status:Y Partially vetoed on 06/13/10 (effective 09/13/10) |
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Senate Bill 181, introduced to the Senate by Senator Jimmy Stewart which would require the Ohio Natural Areas Council to hold at least one annual meetings and keep minutes recording all meetings. The minutes would be considered public records and open for inspection. [1] | ||||||||||||||||||||
| A | Senate Bill 252 | Current Status:C (Referred to Agriculture Committee) |
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Senate Bill 252, introduced to the Senate by Senator Capri Cafaro which would allow applicants for D-1, D-2, D-5, and the newly created T-1 liquor permits to file with the mayor of the local municipality as part of the "local entertainment district", these applications would be considered public record. [1] | ||||||||||||||||||||
| B | Senate Bill 263 | Current Status:C (Referred to Finance and Appropriations Committee) |
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Senate Bill 263, introduced to the Senate by Senator Keith Faber which would require the Inspector General of the Ohio Casino Control Commission to maintain a record of the activities of the inspector general and create an annual report detailing findings while ensuring the confidentiality of parties involved. The report and record of activities shall be considered public records open for inspection. [1] | ||||||||||||||||||||
| B | Senate Bill 3 | Current Status:X (Informally passed on 05/17/10, awaiting full concurrence) |
|
Senate Bill 3, introduced to the Senate by Senator Keith Faber which would make any information that identifies an individual facility or small business obtained by the Environmental Protection Agency in the course of ensuring compliance confidential and not obtainable as a public record. Exceptions to the confidentiality policy are given if there is a clear and immediate danger to the health, safety or welfare of the public, if the record is part of an enforcement proceeding or if treating the document as confidential would be inconsistent with the requirements of established law. [1] | ||||||||||||||||||||
[edit] 2009
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[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] Purpose of the law
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."[4]
[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" [5]
[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. [5]
[edit] Exemptions
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" [5]
- 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. [5]
[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. [6]
[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". [7]
[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. [5]
[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. [5]
[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] Notable requests
[edit] See also
- Ohio FOIA procedures
- Ohio transparency headlines
- Ohio transparency advocates
- Ohio transparency legislation
- Private agency, public dollars-Ohio
- Ohio Open Meetings Law
[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
- Cleveland Law Library Public Records FAQ
[edit] References
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State of Ohio Columbus (capital) |
|---|---|
| Transparency |
Open Records Law | Transparency Checklist | Government corruption reports | Transparency Legislation | Open Records procedures | Transparency Advocates | Transparency blogs | State budget | Taxpayer-funded lobbying associations | |
| Divisions |
State |
List of Counties |
List of Cities |
List of Towns |
List of School Districts | |
| Government |
Ohio State Constitution | Executive | House of Representatives | Senate | |
| Judiciary |
Ohio Supreme Court | Supreme Court elections | Courts of Common Pleas | District Courts of Appeal | Judicial Nominating Commission | Judicial news | Judicial activist organizations | |
| Ballot Measures |
Ballot measures | List of ballot measures by year | Procedures for qualifying an initiative | Amending the constitution | History of direct democracy | Campaign finance requirements | Vote fraud | |
