Ohio Attorney General Mike DeWine

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Sunshine Law News

10/26/2011

Requester’s Right to Obtain Copies on Medium of Choice

Under Ohio’s Public Records Act, a person who seeks public records from a government office has the choice of inspecting those records, or obtaining copies.1 If the requester opts for copies, he or she must then choose whether to receive the records (1) on paper, (2) on the same medium as the public office keeps them, or (3) on any other medium upon which the public office determines the records can “reasonably be duplicated as an integral part of the normal operations of the public office.”2

8/2/2011

Recently Enacted Changes to R.C. 149.351 and Rhodes v. New Philadelphia

Recent actions by the Ohio Supreme Court and the Ohio General Assembly significantly change Ohio law concerning the unauthorized destruction of records (ORC 149.351).House Bill 153 (the 129th General Assembly’s budget bill) limits public office liability for the unlawful destruction of records by restricting who can bring these lawsuits and the total amount of damages a public office may face.Similarly, in Rhodes v. New Philadelphia,1 the Ohio Supreme Court also restricted the persons entitled to recover against a public office for the unauthorized destruction of records to only those truly “aggrieved” by the destruction of a record.
7/6/2011

Public Disclosure Obligations and Student Records

As a supplement to the annual publication of the "Yellow Book" on the Ohio Sunshine Laws, the Ohio Attorney General will periodically issue Public Records and Open Meetings Act Bulletins on matters of emerging importance. This Ohio Public Records Act Bulletin highlights the disclosure obligations of public offices, including public universities, and focuses on the issues surrounding the release of student records by academic institutions.
7/14/2010

Open Meetings 101 – Is this a “meeting?”

At 8 a.m. every Tuesday, you can count on seeing two members of Brighton’s three-person village council sharing breakfast at the Cup’a Sunshine Coffee Shop. Sometimes the conversation wanders into a discussion of council business. Is this a “meeting?”

The three members of the seven-member Open Government Commission who make up the body’s Finance Committee meet on Wednesday evenings to review financial issues. A fourth commission member who is not on the committee attends a meeting to listen to discussion of a particular topic. Is this a “meeting” of the Open Government Commission?
7/14/2010

Open meetings during a declared emergency

In the midst of a natural disaster, pandemic influenza or other widespread calamity, must a public body still follow the Open Meetings Act, including the requirement that members attend in person? For the most part, the answer is Yes. 

First, if the normal meeting place of the public body is available, even during a declared emergency, there is no relaxation of any requirement of Ohio Revised Code Section 121.22, the Open Meetings Act.

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