Changes to Public Records Laws Take Effect Sept. 28

Under Ohio's Public Records Law, any Ohioan may request copies of public records from a public office.  If a proper request for records is denied, the citizen can petition a court to order the release of the records.

However, new legislation passed by the General Assembly - the first of its kind in the country - now gives Ohioans a more streamlined and cost-effective way to obtain these records in case of a denial.

From the Columbus Dispatch:

On Sept. 28, the Ohio Court of Claims will begin accepting complaints on the refusal to release records by government at all levels, from townships to the state.

The law, the product of legislation from Senate President Keith Faber, R-Celina, will send complaints to a mediator who will work with citizens and government officials in an attempt to reach a resolution.

If no agreement is reached, a special master will rule within seven days whether government was legally correct in denying a records request or broke the law and must hand over the records.

In order to file an appeal, a citizen must file a complaint form and copies of the records requests and governmental denials, along with a filing fee of $25, with the county court of common pleas. 

The 2016 Ohio Sunshine Laws Manual, published by the Public Records unit of the Ohio Attorney General's office, provides an excellent overview of Ohio's public records laws.

DeWine: Counties Can't Charge for Online Access to Public Records

Earlier this month, Attorney General Mike DeWine issued an advisory opinion that counties may not charge fees to access online copies of public records.

In the opinion, DeWine’s office noted that Ohio’s public records law requires that public records be made available for inspection and that, when requested, copies of the records must be made available at cost.

The Attorney General’s office determined that providing access to online documents is equivalent to allowing the documents to be inspected. Therefore, since the records were only being made available for inspection and were not copies, the county was not permitted to charge a fee.

The opinion was prompted by the Monroe County Auditor’s Office, which had contracted with a private company to provide online access to public records. The county charged users a monthly $15 subscription fee to access the records.

For more, read the full opinion or a report from the Columbus Dispatch.