Ohio Public Records Briefing - Issue #11

Grumpy politicians, the origins of “overbroad,” and your questions answered regarding public records requests about officer-involved shootings.

Happy Monday! It’s finally June (which means more of these) and we know that a big part of your summer plans is getting brighter on public records. With that in mind, let’s get lit!

P.S. If the subheading intrigued you, and you’re not yet a paying subscriber, consider trying a free 30-day trial to read this edition and all previous editions! (Not available in Alabama and this car not included). It’s risk free!

Fun Fact

Did you know that redacting something from a public record -- even if it’s only a few words -- is considered a denial of a record?

Say what? You might recall that denying a public records request triggers a few responsibilities for your office. You must explain the reason for the denial and provide citation to specific legal authority. This is not enough. The explanation you provide must look something like this: “your request is denied because the records requested are a confidential law enforcement investigatory record, pursuant to R.C. 149.43 (A)(1)(h).”

What you might forget though is that the same duty to explain your denial with legal authority also applies when you redact something from a request. A redaction is the same thing as a denial, so don’t forget to follow this cat’s advice: