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Recommendations
Ohio’s public records law should be made more easily enforceable. One possibility is to return to the idea of a public access coordinator, which other states have used to resolve disputes without having to resort to litigation. To be effective, the public access coordinator must have adequate enforcement authority, such as monetary penalties for failure to comply.
Local officials must receive better training on compliance with the public records law, so that requested records are made available as soon as is feasible. The state should increase the penalties on public agencies and officials who fail to provide requested public records in a timely manner. The state needs clear statutes and training for local officials concerning open meetings, clarifying that “round robin” discussions and the use of electronic communications such as email to avoid public deliberation are a violation of public records law. It should also be made clear that information-gathering sessions are public meetings that should be open.
The transparency of the state legislative process should be improved, to better enable citizens to monitor the legislative process, including committee hearings and the drafting process. An additional hearing should be required to allow public comment when significant new amendments to legislation are proposed.
Ohio should offer a limited amount of copies for free, or take into consideration special circumstances of a requestor. Ohio should also address issues brought up while considering Amended Substitute H.B. 9 but left unaddressed, such as executive privilege, and the ability of the State Auditor to obtain records of non-profit entities providing services for the government.
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