Ohio transparency headlines from 2008
From Sunshine Review
This article is a list of transparency related news from Ohio in 2008. For the most recent transparency news in Ohio, please see Ohio transparency headlines.
Ohio Supreme Court adopts public records rules
December 23, 2008: "The Ohio Supreme Court has approved its first formal rules governing public availability of records from courts across the state.
While the court says the rules announced Monday are intended to balance rights of privacy with the right to access public court records, an open-government advocate argues that they could restrict public access.
Courts will be allowed to restrict information about juveniles accused of a crime that might reveal the juveniles' identity. The rules adopted last week also require those requesting sealed records to show evidence that the documents should be made public." Read the full article here.
New public-records rules questioned
December 23, 2008: "Rules adopted by the Ohio Supreme Court on Monday could restrict the public's access to court records, a leading open-government advocate says.
Cleveland lawyer David Marburger, of the Ohio Coalition for Open Government, said the rules shift the burden to the public to prove why it needs access to court records if someone involved in a case wants them sealed." Read the full article here.
Access to court records effectively denied
December 21, 2008: "The Ohio Supreme Court is deciding whether to approve a special commission's proposed rules to govern public access to court records. The 19-member commission, comprised principally of judges of domestic relations, juvenile, probate and municipal courts, with one court of appeals judge and one general division common pleas judge, approved the proposed rules with one dissenting vote." Read the full article here.
Defending public records
December 14, 2008: "The Ohio Supreme Court stuck an important blow for good government last week in a landmark ruling that placed electronic messages - even deleted e-mails - among government documents safeguarded by the state's open records laws.
In a unanimous ruling prompted by legal action filed by The Blade, the justices ordered the Seneca County Commissioners to retrieve deleted e-mails related to the commissioners' decision to raze the historic courthouse in Tiffin." Read the full editorial here.
Deleted e-mails still are public records
December 10, 2008: "Even deleted e-mail messages are public records if they deal with official business, the Ohio Supreme Court ruled yesterday.
In a unanimous ruling, justices ordered commissioners in Seneca County to scour their computer hard drives for e-mail messages requested by a Toledo newspaper last year that had been deleted.
The decision was a rare legal victory for public-records advocates in Ohio." Read the full article here.
Republican asking for city e-mail on Obama
December 3, 2008: "Mike Elicson wanted to know if Columbus City Hall staff members spent their time campaigning for Barack Obama after state officials were reprimanded for using public e-mail accounts to solicit support for the Democratic presidential candidate.
So Elicson made a public-records request for all city e-mail that included the word "Obama."
City attorneys denied his request, saying that because e-mails about Obama are not related to city government, they are not public documents." Read the full article here.
Public-records battle blows up in AG's office
December 1, 2008: "A simmering dispute among police trainers and their bosses in the Ohio attorney general's office has boiled over into a battle about which office records should be public -- and created a potential headache for incoming Attorney General Richard Cordray.
On Oct. 16, management of the Ohio Peace Officer Training Academy, which is part of the attorney general's office, suspended a compliance officer for three days amid a battle with his union about whether the office had cause to discipline him." Read the full article here.
Ohio aide suspended for searches linked to 'Joe'
November 21, 2008: "Gov. Ted Strickland yesterday resisted Republican demands that he fire his Ohio Department of Job and Family Services director after a state investigation found she'd improperly mined state computer databases for information on Samuel "Joe the Plumber" Wurzelbacher.
Instead, the governor suspended Helen Jones-Kelley for one month without pay. She's been on paid administrative leave from her roughly $140,000-a-year job for the last two weeks." Read the full article here.
No records to back agency director's claims over 'Joe' investigation
November 13, 2008: "The Ohio Department of Job and Family Services has no records to support the assertion of its now-suspended director that computer checks often are run on people "thrust quickly into the public spotlight."
In response to a public-records request, the state agency said today that it had no records involving prior checks of the type that Director Helen Jones-Kelley authorized on "Joe the Plumber."" Read the full article here.
State employee says she was ordered to check out Joe the Plumber
October 31, 2008: "Vanessa Niekamp said that when she was asked to run a child-support check on Samuel Joseph Wurzelbacher on Oct. 16, she thought it routine. A supervisor told her the man had contacted the state agency about his case.
Niekamp didn't know she just had checked on "Joe the Plumber," who was elevated the night before to presidential politics prominence as Republican John McCain's example in a debate of an average American." Read the full article here.
Fairborn mayor says no records are missing
October 1, 2008: "Mayor Gary Woodward rebuked a claim by three council members that public records are missing from the city manger's personnel file.
In a statement issued Wednesday, Oct. 1, Woodward wrote that the background check, performance review and disciplinary action either didn't exist or were not public records.
He claims individual reviews by council members of McDonnell's performance and her background check are not public records under the Ohio Sunshine Law." Read the full article here.
Agency eases records policy
September 26, 2008: "The Ohio Department of Public Safety has revised a public-records policy that one expert denounced as restricting employees' free speech and inviting denial and delay in releasing records.
The policy adopted June 26 put 3,944 Public Safety employees on notice that they would face discipline if they informed the public of the existence of public records or suggested that anyone file a records request.
That provision, denounced as "draconian" and "stupid" by Herschel Sigall, union lawyer for the Ohio State Troopers Association, was killed." Read the full article here.
Ohio court: Request for lawmaker records overbroad
September 25, 2008: "The Ohio Supreme Court has ruled that an attorney went too far with a public records request to investigate whether a state lawmaker was investing in the same foreign interests she was trying to outlaw." Read the full article here.
State keeps ambulance-run data under wraps
September 21, 2008: "You are far more likely to need an ambulance than a firetruck.
But Ohio won't let you see the records that show how fast the paramedics in your community respond to calls.
Since 2002, the Ohio Emergency Medical Services agency has kept track of response time for each medical emergency in the state. But the agency issues a report card only for each county, not for each fire department." Read the full article here.
County forced to release thousands of e-mails
September 18, 2008: "The county will begin keeping e-mails for seven years after a resident's public information request forced officials to turn over thousands of e-mails.
The County Records Retention Commission met Wednesday to discuss e-mail retention on the same day about 50 percent of the county's e-mails became available to resident Cheryl Willis. It has taken the county almost five weeks to address Willis' request for 90 days of e-mails sent and received by Coshocton County commissioners Gary Fischer, Dane Shryock and Larry Stahl, as well as those of Mark Beck, clerk/administrator." Read the full article here.
Government e-mails are public's business
September 18, 2008: "Ohio's public records laws are meant to ensure that Ohioans know how their governments conduct the people's business. That principle and goal — and that obligation of government — doesn't change when technology changes.
The daily newspaper in Toledo, The Blade, has brought an important case to the Ohio Supreme Court regarding government's obligation to keep and disclose e-mails. The court should fully support The Blade." Read the full editorial here.
Ohio Supreme Court hears arguments in Blade’s public-records case against Seneca County
September 16, 2008: "The Ohio Supreme Court on Tuesday grappled with the realities of the computer age as it weighed the question of when a “deleted” public record becomes a “destroyed” public record.
At issue is a lawsuit by The Blade seeking to force the Seneca County commissioners to hire a forensic computer expert at county expense to recover deleted e-mails from an 18-month period, some of which the newspaper contends may contain illegal private communications related to the proposed razing of the county’s historic courthouse." Read the full article here.
Decision day soon for court-records limits, Moyer says
September 12, 2008: "Ohio's top court could decide this year on a package of changes that would seal off some sensitive information in court filings, which has been resisted by some private investigators and media organizations, the state's chief justice said yesterday." Read the full article here.
State halts records disposal
August 28, 2008: "Gov. Ted Strickland has ordered state Department of Public Safety officials to stop destroying records that reflect recommendations and comments on employee discipline.
The Dispatch discovered that the forms were being destroyed in possible violation of state public-records laws and the department's records-retention schedule." Read the full article here.
Public records discussion at commissioners
August 25, 2008: "A Coshocton County resident has made a public records request for 90 days of e-mails sent and received by the commissioners and their clerk.
Uncertain of what comprised public records in electronic format since some of the messages may contain information about county personnel health insurance or other personnel issues, Stahl, who was in the office last week, decided to send the messages to the county’s contracted attorneys Downes, Hurst & Fishel." Read the full article here.
Cleveland police cutting hours for public records windows
August 19, 2008: "Cleveland police will restrict hours at the public access windows where residents get copies of accident and crime reports.
Beginning Sept. 8, the public access windows for copies of accidents, crime reports and criminal history checks will be open from 8 a.m. until 4:30 p.m. on Monday, Wednesday and Friday." Read the full article here.
Buckeye Institute launches transparency project
Blade files suit for Hartung investigation records
August 8, 2008: "The Blade filed suit on Friday against the Toledo-Lucas County Port Authority for not releasing the report detailing the recent firing of former Port Board President James Hartung.
The board of directors, in a 13-0 decision, axed Mr. Hartung on Aug. 1., after 14 years as port president. The firing followed an internal investigation of Mr. Hartung's hiring of a lobbyist, Kathy Teigland, with whom he was accused of having an affair." Read the full article here.
Bicentennial expenses public?
August 7, 2008: "It turns out a little openness goes a long way to derailing an argument.
When Aurora resident George Mazzaro came to the Portage County Board of Commissioners Tuesday morning demanding to see the checkbook for the county bicentennial committee, both sides ended with their backs against the wall. Mazzaro was threatening to take the issue to court and commissioners were denying he had any right to see the records because the committee is not a public body." Read the full article here.
Access to Dublin students' records upheld
August 1, 2008: "Dublin schools were on solid legal ground when they provided information about their students to the public and the news media, despite the efforts of some parents to block access to student directories, a Franklin County judge has ruled." Read the full article here.
Dann using records laws for himself
July 31, 2008: "When Democrat Marc Dann started his career as a state official, he often used the Open Records laws to pry information from opponents. As attorney general, he delivered records to the media that sometimes damned his administration.
Now out of office, Dann is again using Open Records laws." Read the full article here.
Cuyahoga County raids sought records that could show favors, influence
July 29, 2008: "The federal investigation into possible corruption by Cuyahoga County officials touches on services that are among the chief reasons that governments exist: revitalizing the economy, serving troubled and abused children and possibly even caring for soldiers injured in Iraq and aging veterans.
Records obtained Tuesday show that agents want to know whether Dimora and Russo offered jobs in exchange for favors or used their influence in judicial proceedings, decision-making at the top levels of county government and determinations of how much taxes people and companies should pay." Read the full article here.
McNally sues Tablack, Gains over Oakhill
July 25, 2008: "Mahoning County Commissioner John A. McNally IV has sued County Administrator George J. Tablack and County Prosecutor Paul J. Gains in a mandamus action demanding that Tablack and Gains supply him with public records concerning Oakhill Renaissance Place.
The suit alleges that Tablack and Gains have “refused in bad faith to fully comply” with McNally’s request “and have purposely and willfully violated the law” of the state concerning access to public records." Read the full article here.
Toledo superintendent sued over public records
July 11, 2008: "Advocates for Basic Legal Equality Inc. yesterday filed a lawsuit in Lucas County Common Pleas Court against Toledo Public Schools Superintendent John Foley seeking public information.
The public interest law firm requested documents relating to the passage rates and administrative policies for the Ohio graduation test and the school district’s schedule of building schools, building funding, and use of minority contractors." Read the full article here.
E-mails show concerns with records requests
July 10, 2008: "Top-level administrators and two Ohio University trustees strongly resisted handing over public records from an ethics tip line to the Post last year, according to internal e-mails.
Filed in July 2007, the records request prompted a flurry of discussion in the administration that persisted even after the records were released that August as officials consulted the Ohio Attorney General on ways to protect the hotline’s reports in the future." Read the full article here.
GOP chief's friend sues election panel for public records
July 9, 2008: "A close associate of new Lucas County Republican Party Chairman Jon Stainbrook filed suit yesterday demanding release of public records from the Lucas County Board of Elections that she said were denied her during Mr. Stainbrook's contentious run for party chairman.
The suit is yet another salvo in the battle between Mr. Stainbrook and the board of elections, whose two Republican directors he has asked to resign." Read the full article here.
Proposed public-access rules for court records will go to Ohio Supreme Court for review
June 28, 2008: "A commission drawing up public-access rules for court records voted on Friday to forward a draft proposal to the Ohio Supreme Court for review.
It is the closest the Commission on the Rules of Superintendence for Ohio Courts has come in two years of studying the topic to finally spelling out what a court record is and what should be available to the public." Read the full story here.
Judge to review documents in OU public-records lawsuit
June 26, 2008: "A local judge has said he needs to examine a controversial consultant’s report before he can rule on Ohio University’s request for partial summary judgment, in a lawsuit by two OU officials who got fired in the wake of a computer security breach.
Reid and Acheson sued OU in summer 2006, after both were fired for allegedly failing to prevent hackers from breaking into the university’s computer network." Read the full story here.
Private talks legit, Delaware County commissioners say
June 11, 2008: "Delaware County commissioners may have improperly met in secret with a consultant about the design of a new county courthouse.
The commissioners met individually in private last Thursday with Pizzuti Solutions officials in prearranged, back-to-back meetings.
A Pizzuti e-mail obtained by The Dispatch says the commissioners selected one of two designs before "the formal public presentation" Thursday.
Ohio open-meetings laws prohibit an elected body from meeting secretly to discuss or decide public business. A decision made in an illegal session can be nullified even if later approved at an open meeting." Read the full story here.
