Public Records Requests in Ohio
National publications like the Washington Post and the Wall StreetJournal have recently considered news of The Vindicator’s closing, andsuggest generally that local democracies will go only as far as theirlocal papers will carry them. These articles assume that if the localnews dies, so does an informed citizenry.
Local news organizations unearth and disseminate truths thatunorganized groups simply cannot. Having bright, articulate, experiencedand credentialed journalists on staff give them a natural advantage;they know where to look.
However, there’s something to be said for a curious citizen with asmartphone, a pen, a pad of paper, and a Twitter account. By leveragingthe provisions of Ohio’s public records laws with the wealth of publicinformation already available on the internet, democracy just might havea chance.
Ohio’s Public Records Laws
Section 149.43 of the Ohio Revised Code authorizes any person, at allreasonable times during regular business hours, to inspect publicrecords.
As defined therein, public records include “records kept by anypublic office, including, but not limited to, state, county, city,village, township and school district units.”
However, this same law specifically lists items that are NOT publicrecords subject to review, such as medical records, informationregarding children under protective custody, law enforcementinvestigatory records, and the like.
Moreover, the same law provides that if a person is aggrieved by thefailure of a public office to promptly prepare and make available thepublic record, that person may commence a court action in which they maybe rewarded monetary damages (up to a maximum of $1,000) and attorney’sfees.
Notably, the above requests can be made by any person, and need notbe made in any particular form. But in my own experience, writtenrequests are almost always more quickly fulfilled than those madeverbally, especially if the written request is sent directly to theperson who has access to the documents in question.
Consider calling the office first to determine if they even possessthe information you need, and then taking note of the person or personsresponsible for those records. And of course, be respectful, and bepatient.
Pounding the table and threatening a lawsuit will not likely motivate the clerk to fulfill your request more quickly.
In sum, the importance of investigative journalism cannot beoverstated. But that responsibility should not fall unilaterally onlocal news outlets, especially in light of the economic challenges theyface.
And even if you do not have a political axe to grind, you might justfind that your local government (or a state agency) has data that couldbe valuable to your business.
The good news is you are specifically authorized by law to access it. They may even want to help you.
So pick up the phone and jump-start your journalism career. Let us know how we can help.