New York Bravery and Private Devices

Ohio Public Records Briefing - Edition #93

Is it just us or has this summer been way too hot and humid?

Exceptions A through (aaa): 149.43 (ss)

We’re continuing on through the exceptions in the public records statute. And here’s a rather arcane one.

Text: Records of an existing qualified nonprofit corporation that creates a special improvement district under Chapter 1710. of the Revised Code that does not pertain to a purpose for which the district is created.

A special improvement district or SID is a legal entity (typically a nonprofit corporation) that’s created by a city or county in partnership with local property owners. The owners pay a fee to fund public improvements that help their business or property. There are many of these districts in Columbus, Cleveland, and Cincinnati.

The exception we’re looking at today from R.C.149.43(A)(1)(ss) protects some records of those nonprofit corporations created for the SID.

This exception makes it clear that all records of a special improvement district are generally public records. However, the exception exempts records that aren’t related to the purpose of the SID. What this exception is protecting are the emails and other records of private businesses or other property owners who are part of the SID but don’t want accidently to have their company exposed to public records requirements for everything else they do.

You aren’t likely to confront this one in the wild but it’s an exception nonetheless.