Client Briefing from the Municipal Law Group - January 2007
NEW PUBLIC RECORDS LAW
By R. Todd Hunt and Aimee W. Lane
Below you will find a very comprehensive bullet point summary of Ohio House Bill 9 signed into law by Governor Taft on December 27, 2006. This summary of significant amendments to Ohio's Public Records Laws implemented by House Bill 9 was prepared by Pari Swift of the Ohio Historical Society. Rather than reiterating House Bill 9's provisions and in an effort to get this information to you as soon as possible, the Public Law Group at Walter & Haverfield forwards this summary of the new law to its clients and friends.
Posted by: "Pari Swift" pswift@ohiohistory.org
Thu Dec 28, 2006 8:16 am (PST)
Governor Taft signed House Bill 9 into law on December 27, 2006. It will become effective in March 2007. Here are some of the provisions in the final version of the bill, especially as they pertain to government records and records custodians. http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_9- Elected officials or their designees will be required to have 3 hours of training on ORC 149.43 per elected term as provided by the Attorney General's Office or other Attorney General designated training programs
- Attorney General's Office will develop a model public records policy and assist government entities in developing policies for handling public records requests
- Changes to records commissions to bring them more in line with current OHS practices (no significant changes to current practices for submission of forms)
- County Records Commissions
- Any member of the Commissioners can serve as chair
- Can hire an archivist or records manager
- Notify other entities once OHS's 15 day time limit has expired
- Notes that other entities receiving public records must sign agreement with OHS
- Municipal Records Commissions
- Can hire an archivist or records manager
- School District Records Commissions
- Adds local and joint vocational school districts
- 149.411 Creates Public Library Records Commissions
- 149.412 Creates Special Taxing District Records Commissions
- "Redaction" means obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a "record" in section 149.011 of the Revised Code.
- Must make available for inspection or copying all information that is not exempt
- Must notify requestor of all places where information was redacted.
- Must make current retention schedules readily available anywhere where public can make requests
- Must work with public to narrow down broad requests and identify the ways in which records are kept and accessed to assist in refining requests
- Any requirement that the requestor disclose their identity or intended use of records constitutes a denial of the request
- You can ask for this information in writing to assist in fulfilling the request accurately, but you must disclose that this information is not mandatory and the request will not be denied if the information is not provided
- Can ask for advance payment at the cost of whichever copy format is requested
- Do not have to allow public to make their own copies
- Must delivery copies via US mail or any other means of delivery or transmission
- Citizens who feel that they have been denied proper access can sue for access. Courts have discretion to order government to pay up to $1000 in fines plus court costs and attorney's fees
- Governments must adopt a public records policy
- Cannot limit number of requests
- Cannot established fixed amount of time before responding to requests
- Must be distributed to records custodian in each office who must acknowledge receipt of policy
- Must create a poster highlighting public records policy
- Must be hung conspicuously in all public offices where records can be requested
- Can post to internet site
- Should be included in handbook of general policies
- Journalist can request in writing to see list of conceal carry permit holders, but cannot copy the name, county or birth date of holders
For more information on these or other public law issues, please contact one of the attorneys in Walter & Haverfield's Municipal Law Group.
The information in this newsletter is a summary of often complex legal issues and may not cover all the 'fine points' related to a specific situation or court jurisdiction. Accordingly, it is not intended to be legal advice, which should always be obtained in consultation with an attorney.
