Ohio lawmakers make it easier to resolve public-records complaints

By Marc Kovac | May 28, 2016 at 12:04a.m.

COLUMBUS

State lawmakers have finalized an expedited process to help individuals resolve public-records complaints without shelling out big money for legal representation.

Senate Bill 321 was approved by unanimous votes in the Ohio House and Senate and heads to Gov. John Kasich’s desk for final enactment.

“The current method of resolving public-records disputes is not very accessible to the average Ohioan,” said Rep. Tim Brown, R-Bowling Green, chairman of the Ohio House committee that considered the bill. “It can be costly and take years to resolve. SB 321 creates a more-affordable and faster alternative to the current system.”

He added, “You should not need a lawyer to obtain a public record.”

Under the legislation, residents who have public-records requests denied by state or local offices could opt for a legal-dispute process, initiated with their local clerk of courts and overseen by the state’s court of claims.

An additional mediation session would take place to determine whether the issues involved could be resolved without court action. Otherwise, a special master at the court of claims would hear the case and make a recommendation for a final resolution, with a judge reviewing and offering a final, enforceable judgment.

The entire process could take about 45 days, and either party could appeal the outcome.

Residents with public-records disputes still could pursue regular legal challenges and file suit to seek access to the documents.