Exemption Log, a Webinar, and a Quiz!
Ohio Public Records Briefing - Edition #89
How is it already the second week of June? Summer will go by too fast. And we’ve already spent too much time watching this clip! But there’s public records content to write!
Let’s jump into the fun.
Next Webinar June 11
After receiving petitions and having several of you protest outside our international headquarters, we’ve sought counseling and changed the topic of our next webinar to be more relevant for you all! Actually, we didn’t hear a peep, so we’ll likely take up the RC2/RC3 topic down the road.
Our friends in the Ohio House and Senate are working on the biannual state budget and versions of the budget have several proposed changes that would change public records law if passed.
Because this is so relevant now, we’ll walk you through the proposed changes, so your agency can monitor them. You may even want to call your legislator and advocate for or against some of the changes.
See you this Wednesday at 12 PM ET for the zoom webinar! We’ll send the zoom link out later today or tomorrow. Here’s the lunch ordering link again.
Best Practices
In addition to talking about the law for public records, we also want people to know best practices that will help records custodians do their job in such a way that reduces the chance of litigation and makes the work easier.
One innovative way to build trust while still applying necessary redactions is to create an “Explain This Exemption” log. This public-facing document summarizes recent instances where records were withheld or redacted, along with plain-language explanations of the legal exemptions that justified those decisions. For example, in addition to citing “RC 149.43(A)(1)(h)” for an ongoing police investigation, the log might say: “We withheld portions of this report because releasing them could compromise an active criminal case.” It is important to point to a statute or a case that permits the redaction, though. R.C. 149.43(B)(3) states: “the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied.” So, the best practice is to cite the law but perhaps add language that explains it in more understandable language.