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June 17, 2004
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June 17, 2004 |
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EDITORIAL Failing grade on open records The results of a project by Ohio journalists testing how well public offices around the state comply with Ohio’s open-records laws should make people worry. The audit found that public servants and officials in city halls, school board offices, police departments and other public places followed the law only half the time. That’s a failing grade. The survey was organized by the Ohio Coalition for Open Government, which was formed by the Ohio Newspaper Association, a trade group representing 83 daily and 163 weekly newspapers. The project involved more than 90 auditors from 43 newspapers, the Associated Press, two radio stations and two universities. (The Yellow Springs News did not participate in the survey.) A number of newspapers reported on the survey results this week. In April, participants asked to view and then obtain copies of public records from all of Ohio’s 88 counties. The records the auditors sought included minutes of meetings, police chiefs’ salaries, expense reports of top officials, police reports, school superintendent compensation and school treasurer phone bills. These are basic records necessary for government to function, information that clearly meets the definition of public records and are available to everyone. After all, virtually every record kept by a public office is a public record. But not every public employee understands this. Public officials from around Ohio asked for information about the person requesting records and their purpose for making the request. Sometimes they wanted this information in writing. Employees made excuses why records were not available. Some charged excessive fees to make copies. Others simply denied requests for records, claiming they were not public documents. State law says that public records should be made available promptly, without unnecessary delay, for review during normal business hours. Written requests are not required under the law, and people asking for records do not have to give their name or explain why they want the record. The law also states that public officials should only charge for the cost of producing copies. While good journalists know their rights and public-records laws, the average citizen likely does not, and, therefore, may be dissuaded from pursuing records if a request is denied. Faced with stonewalling or outright rejection by public officials, citizens may give up and not participate in government activities, which weakens democracy. Ohio’s open-record law is supposed to be interpreted liberally, meaning public offices should err on the side of disclosure. Public servants are caretakers of public records, and the public’s trust. The survey shows, however, that many public employees in Ohio are not living up to that trust, let alone the law.
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