The Ohio General Assembly has created an expedited process to hear complaints from citizens alleging they were wrongfully denied access to public records. The legislation, Senate Bill (“SB”) 321, was signed by Governor Kasich on June 29, 2016.
Under existing law, a person allegedly aggrieved by the failure of a public office to promptly provide a public record can only compel the production of the record by initiating a mandamus action, which is a lawsuit to compel a public official to perform a legal duty. This process can be expensive and time consuming.
SB 321 modifies existing law by providing an alternate procedure that attempts to resolve disputes alleging a denial of access to public records in violation of the Public Records Act in an expeditious and economical manner. Under this alternate procedure, a person who is allegedly aggrieved by the failure of a public office to promptly make a public record available may file a complaint with the clerk of the Court of Claims.
Upon receipt of a filed complaint, the clerk will assign a “special master” – i.e., an attorney engaged in the practice of law designated by the clerk to hear public records complaints – to examine the complaint. In most cases, the special master will immediately refer the case to mediation. If an agreement is not reached during mediation, the public office must file a response to the complaint.
Not later than seven business days after receiving the response, the special master will submit to the Court of Claims a report and recommendation based on the ordinary application of statutory law and case law as they existed at the time of the filing of the complaint. If neither party timely objects, the Court of Claims will issue a final order adopting the report and recommendation. Either party may appeal the final order to the court of appeals of the appellate district where the principal place of business of the public office from which the public record is requested is located.
If the Court of Claims determines that the public office denied the aggrieved person access to the public record, the public office must permit the aggrieved person to inspect or receive copies of the public records that the court requires to be disclosed in its order and the aggrieved person is also entitled to recover his or her filing fees.
SB 321 makes a number of additional changes to the Public Records Act.
To read the Bill Summary, please click here.
To read the press release, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.