2 bills to make it easier to access public records

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Some elected officials still don't know what is or isn't a public record.

By MARC KOVAC

VINDICATOR CORRESPONDENT

COLUMBUS — Two laws — one taking effect this month and another that will be fully implemented later this year — should make it easier for Ohioans to access public records.

"I really think we're seeing a new standard for the spirit of the sunshine law," said Jennifer Brindisi, spokeswoman for Ohio Attorney General Marc Dann.

The first law, Substitute House Bill 9, includes a number of provisions related to officeholders and public agencies and their responsiveness to citizens' requests for records.

It calls for the attorney general's office to develop and require all elected officials to be trained on public records requirements, and all public agencies to adopt policies to ensure they are complying with open records laws.

Confusion

Officials and citizens "want to know about open meetings, [and] they want to know what's considered an open record," Brindisi said. "So many elected officials or [their designees] don't know what's considered a public record. Nine times out of 10, they might say, 'No, I can't give that to you.'"

Offices can deny requests for public records if they are ambiguous or too broad in scope, but they must provide reasons and outline the legal authority to do so to the individuals requesting the documents.

Offices also can ask that public records request be made in writing, but they cannot limit the availability of documents if people refuse to provide their names or reasons for wanting the record.

Frank Deaner, executive director of the Ohio Newspaper Association, said part of the legislation will take effect this month, but other provisions, including the training and policy measures being implemented by the attorney general's office, won't be in place until September.

Second bill

The other bill, Sub. HB 141, relates to personal information about police officers, firefighters, emergency responders and some other public officials.

In the late 1990s, legislation was approved calling for Social Security numbers, the names of spouses and children and other personal information concerning peace officers to be shielded from public view. Everything else — disciplinary actions, departmental incidents, etc. — in officers' files was supposed to remain open.

"The law has always been that a public employee's personnel file is a public file," Deaner said.

But shortly after the legislation was OK'd, an amendment was added to an unrelated bill stating that documents identifying an individual's occupation as a peace officer were not public records.

Suddenly, records long open to public scrutiny technically could be withheld — including most personnel filings, Deaner said.

Sub. HB 141, which takes effect March 30, allows journalists access to home address information and photographs (except for officers in undercover or plain-clothes assignments).

Monday, March 12, 2007