An effort to protect access to public records is stalled
More than a year ago, it became clear that too many elected officials and public employees in Ohio do not understand or choose to ignore the state's public records law. Almost immediately, some people in Columbus began pursing corrective action; Ohioans should be asking why others are now hampering those efforts.
It was last April when reporters from newspapers throughout the state (including this one) fanned out to seek access to public records from school districts, public offices and police departments. In all cases, the records sought were clearly defined as public by state law.
This audit of public records compliance was sponsored by the Ohio Coalition for Open Government, which was established by the Ohio Newspaper Association, a trade organization that represents mote than 250 newspapers. It involved more than 90 people representing 42 newspapers, two radio stations, The Associated Press, the University of Dayton and Ohio University.
Law is clear
But both the language and the intent of Ohio's public records law is clear: "All records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. & quot;
School districts registered an unenviable record as the least compliant of the various government agencies visited by the auditors. Statewide, only 19 of 84 school districts provided the superintendent's salary figures on the day they were requested. An additional 19 complied partially. Forty-three simply refused.
Across the state, all public records requests were fulfilled in only 52 percent of the cases.
The published reports of the audit in newspapers throughout the state in June brought a strong recommendation from Ohio's Attorney General Jim Petro for improvements in the state's open records law. State Rep. Scott Oelslager, R-Canton, a long-time advocate in the General Assembly for open government, sponsored HB 9.
The bill would address the two main reasons citizens are denied public records they are entitled to see -- ignorance of the law and outright defiance.
The bill would mandate that all elected public officials undergo biennial training on the Sunshine Laws from qualified instructors as determined by the Attorney General's Office and would require all public offices to have a written policy on the availability of public records.
And for those public offices that choose to defy Ohio's public records law, it would provide fines and penalties. It would also make it easier for citizens to have their attorney's fees reimbursed if they were forced to go to court for records to which they were entitled.
These are common sense responses when it becomes clear that too many public officials and government employees don't know the law and when it is shown that too many are willing to break a law that carries no penalties.
Opposition emerges
But Oelslager's law is getting bogged down in the House Civil and Commercial Law Committee, which is chaired by Bill Seitz, a Cincinnati Republican who has a record in government and as a private attorney as an opponent of free and open access.
It appears that he is attempting to take a bill that was designed to enhance compliance with existing Ohio public records law and rewrite the law to be more restrictive. Not surprisingly, organized opposition to the bill is coming from groups representing the very people whose noncompliance was exposed in the audit: the Ohio Municipal League and the Ohio School Boards Association. Remember, more than half the school districts contacted did not think the public had a right to know how much the superintendent is paid.
Citizens have a right to public information about how their government is spending their money and how public employees are doing their jobs. They should be concerned when their elected officials are more eager to close the doors of government than to open them.
We urge members of the Civil and Commercial Law Committee to resist Seitz attempts to pervert an open records law into a license for elected officials and bureaucrats to deny public access to government records. The committee, which includes Sandra Harwood, D-65th, Niles, should move HB 9 out of committee and on its way to passage in the General Assembly without further delay.