Letting the Sun Letting the Sun Shine In…Shine In…

Using Ohio’s Public Records Act to Using Ohio’s Public Records Act to Promote Promote

Open and Accountable GovernmentOpen and Accountable Government

Ohio Board of Regents Nov. Ohio Board of Regents Nov. 17, 2014 Presented 17, 2014 Presented

by Ohio Attorney Generalby Ohio Attorney GeneralMike DeWineMike DeWine

Recipe for Recipe for Success:Success:

1. Understand the Law

2. Follow the Law

3. Go Above and Beyond

4. Negotiate Satisfaction

5. Document Your Efforts

Juvenile-related Juvenile-related ExemptionsExemptions• Juvenile CourtJuvenile Court• Children Services AgencyChildren Services Agency• Fingerprints, photographs and Fingerprints, photographs and

associated informationassociated information• Sealed/Expunged LE RecordsSealed/Expunged LE Records• Student InformationStudent Information• Recreational ActivitiesRecreational Activities• Foster CareFoster Care• Medical RecordsMedical Records

Obligations of Public Obligations of Public Offices for Records Offices for Records Creation and RetentionCreation and Retention• Shall makeShall make only such records as are

necessary to document the organization, functions, and essential transactions of the agency, and to protect the legal and financial rights of the state and persons directly affected – R.C. 149.40

• May notMay not destroy, mutilate, or otherwise dispose of records except as provided by law or under the rules of the records commissions – R.C. 149.351

Records Retention Records Retention InformationInformationFor more For more information, contact information, contact your own records your own records commission, and/or: commission, and/or:

State ArchivesState Archives614-297-2553 localrecs@ohiohistory.org

Ohio Electronic Records Committee:http://www.ohioerc.org/

Most Common MistakesMost Common MistakesPublic Records Act:•Not responding to a request until all records ready•Not denying an ambiguous or overly broad request (even if you want to respond to the “core”)Open Meetings Act:•Discussing and deliberating public body’s business anywhere but at a meeting•Moving to go into executive session “to discuss personnel matters”

““Aww, How Bad Could It Aww, How Bad Could It Be?”Be?”Open Meetings Act Violations - Maddox v. Bd. of Dir’s of Greene Co. Children Services Board, 2014-Ohio-2312

Actions: 1) entered executive session “for personnel matters,” and “upcoming negotiations,” 2) exited executive session without resuming open session, 3) fired executive director based in part on improper discussions.

Consequences: 1) $3,500 civil damages, 2) over $100,000 attorney fees, 3) 5 months back pay and benefits to executive director, 4) court costs.

Recent LegislationRecent LegislationNew R.C. 149.435 (eff. 6/20/2014) – A law enforcement agency shall not disclose a name or other information contained in a routine factual report that is highly likely to identify an alleged delinquent child or arrestee who is also an “abused child” under eighteen years of age. “Routine factual report” means a police blotter, arrest log, incident report, or other event record, other than CLEIRs records.

Consult your prosecutor on this one! See R.C. 2151.031 for definition of “abused child,” and R.C. 2919.22 for offense of Endangering children.

Questions & Questions & AnswersAnswers

Sunshine Laws Web Page:www.ohioattorneygeneral.gov/Sunshine

Sunshine Laws Manual Online: www.ohioattorneygeneral.gov/YellowBook

For Additional Information …For Additional Information …

Ohio Attorney General Mike DeWineOhio Attorney General Mike DeWine

Public Records Unit614-466-2872