Open Records Act

From Ohio Sunshine

Section 149.43 of the Ohio Revised Code details the availability of public records for inspection and copying.

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1 Response to a Request
2 Allowing Access to Information
3 Fees for Record Requests
4 Denial of a Record Request
5 Appealing the Denial of a Records Request
6 External Links

Response to a Request

Upon request, all public records responsive to the request must be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. A public office or person responsible for public records must make copies of the requested public record available at cost and within a reasonable period of time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record must make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record must notify the requester of any redaction or make the redaction plainly visible. A redaction must be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.

Allowing Access to Information

To facilitate broader access to public records, a public office or the person responsible for public records must organize and maintain public records in a manner that they can be made available for inspection or copying. A public office also must have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request but must provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office’s or person’s duties.

No public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requestor’s identity or the intended use of the requested public record.

A public office or person responsible for public records must transmit a copy of a public record to any person by United States mail or by any other means of delivery or transmission within a reasonable period of time after receiving the request for the copy.

A public office may limit the number of records requested by a person that the office will transmit by United States mail to ten per month, unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes. “Commercial purposes” does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.

Fees for Record Requests

The public office or person responsible for the public record may require that person to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the person seeking the copy under this division. The public office or the person responsible for the public record must allow that person to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record.

The public office or person responsible for the public record may require the person making the request to pay in advance the cost of postage if the copy is transmitted by United States mail or the cost of delivery if the copy is transmitted other than by United States mail, and to pay in advance the costs incurred for other supplies used in the mailing, delivery, or transmission.

Denial of a Record Request

If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record must provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also must be provided to the requester in writing. The explanation does not preclude the public office or the person responsible for the requested public record from relying upon additional reasons or legal authority in defending his actions.

Appealing the Denial of a Records Request

If a person allegedly is aggrieved by the failure of a public office or the person responsible for public records to promptly prepare a public record and to make it available to the person for inspection, the person allegedly aggrieved may commence a mandamus action to obtain a judgment that orders the public office or the person responsible for the public record to present the requested records. Court costs and reasonable attorney’s fees may be awarded to the person that instituted the mandamus action. The mandamus action may be commenced in the court of common pleas of the county in which the records request was made, in the supreme court, or in the court of appeals for the appellate district in which the records request was made, pursuant to their original jurisdiction under the Ohio Constitution.