Let the Sun Shine in

By Rory Ryan
The Highland County Press

This is Sunshine Week in Ohio and national government.

As such, two prominent Ohio elected officials – Republican Attorney General Mike DeWine and Republican State Auditor Dave Yost – have released new information in support of easier access to our public records.

Mr. DeWine has released the 2015 edition of Ohio Sunshine Laws: An Open Government Resource Manual. The release of the manual, commonly referred to as the “Yellow Book,” coincides with the beginning of Sunshine Week. For more on the "Yellow Book," go to http://highlandcountypress.com/main.asp?ArticleID=26774&SectionID=4&SubSectionID=22.

In addition, Mr. Yost has introduced a new policy that allows any citizen or organization to submit a public records complaint against a public entity for a “Sunshine Audit.” In order for a complaint to be reviewed, the complainant must first make efforts to utilize the Ohio Attorney General’s mediation process.

Sunshine Audits are limited-scope reviews used to determine if the entity is in violation of the Ohio Public Records Act. After receiving a complaint, both parties will receive notice and will have an opportunity to present their arguments. The Auditor of State’s office will determine if public records law has been violated and issue a report under the authority of Ohio Revised Code §117.01.

For more information, go to: http://highlandcountypress.com/main.asp?SectionID=2&SubSectionID=73&ArticleID=26734&TM=24162.41.

“Lawsuits cost too much, take too long and are not a realistic option for the average citizen,” Auditor Yost said. “The vast majority of cases can be resolved through a simpler, streamlined process – and that’s what Sunshine Audits are all about.”

Mr. Yost is right. In fact, the last such lawsuit over open meetings and/or public record that I recall in Highland County Common Pleas Court was more than a decade ago. It was filed by Marilyn Hiestand. (She won, by the way.)

But as Mr. Yost says, lawsuits are not a realistic option for most citizens. And public officials know this.

That's where independent community-minded newspapers often enter the standoff between a citizen's request for public information and a public official's reluctance to provide it.

Over the years, I have been asked many times to intervene in these matters. Local business professionals have asked for assistance in obtaining public records. Other newspaper editors have asked for help. At least one local attorney has asked for assistance.

As a watchdog (never a lapdog) of government, we do our best to help. Initially, we inform anyone seeking public records to be patient – and to be sure what he or she is requesting is indeed a public record as defined in Ohio Revised Code 149.43.

Typically, for most records, the state suggests five working days is a sufficient time frame for determining the record is public and for providing it.

While certainly not an expert on all matters of public record, I have attended multiple training sessions led by attorneys from Mr. DeWine's office. I've also hosted newspaper editorial training sessions led by a former AG attorney.

It is also a best practice to put any request for public records in writing. As the saying goes, a verbal request for public records isn't worth the paper it isn't written on. With email communications – and given that the majority of government offices now use email (which also is public record) – that's the most direct manner in which to make a request. The written request can be clear and concise. Nothing ambiguous. Nothing to be taken out of context. Of equal importance, there's a dated record of the request.

Moreover, any request should be specific. Do not attempt a "shotgun approach" and expect the public official to understand what it is you are seeking. Respect their time, too.

We keep a standard form letter for such requests. After addressing the letter to the given officeholder, it begins "This is a public records request, pursuant to Ohio Revised Code 149.43, for …"

In a recent correspondence with Darke County Engineer Jim Surber on this topic, Jim offered this observation: "I've had to sit through the mandatory three-hour seminars on public records disclosure and can sum it up in two brief statements: 'If they ask for it, give it to them,' and 'Don't throw anything away.'"

Jim adds: "Public records requests, and the speed and accuracy of the response, is a pretty good indicator of the honesty of the official and/or department inquired upon."

Indeed.

If all public officials took Jim's approach, it's likely that Mr. DeWine and Mr. Yost wouldn't devoting so much time trying to inform public officials of their legal responsibilities. But Mr. DeWine and Mr. Yost both realize there are myriad problems across the state when it comes to open meeting compliance and public records access.

Public officials have a legal responsibility to provide public records in a timely manner. They do not have a legal responsibility to ask why someone wants a particular record or to inform the town about the request. Just comply. It is the law, after all.

I tend to handle refusals or delays of public records requests in this fashion:

1. If a public official denies rightful access to Highland County's only locally owned newspaper, we'll publish a story to that effect.

2. We'll also publish an editorial opinion.

3. Sooner or later, we'll still get the public information to our readers, which was the initial intent.

Public officials could easily skip Nos. 1 and 2.

During his unsuccessful campaign for Ohio attorney general, David Pepper pledged to: "Re-energize the training and education of elected officials – particularly newly elected officials – on sunshine, public records and open meetings laws and broaden the officials who must take this training."

To their credit, it appears that Mr. DeWine and Mr. Yost also recognize the need for additional training and scrutiny of those who refuse to provide public records. They seem to be taking this issue seriously.

And unlike many of today's agenda-driven corporate media conglomerates, The Highland County Press also takes it seriously.

For more information on Sunshine Week, go to: http://www.sunshineweek.org/

Rory Ryan is publisher and owner of The Highland County Press. This is his 25th consecutive year as a newspaper editor and 35th consecutive year in the printing industry.