Know open records law, or risk getting burned

A trend that has caught on in Ohio in recent years is now hitting Marietta and there could potentially be a $3.3 million price tag.

As has been the case in other parts of the state, a New Philadelphia man recently began making numerous and often obscure public records requests in Marietta, ultimately filing a lawsuit against the city when the requests weren't fulfilled.

A Massillon-area man has already gotten $1.4 million in damages for suing a community over a slew of old 911 recordings that had been taped over and similar cases are cropping up across Ohio. One man is before the Ohio Supreme Court now seeking $4.9 million and the state is now considering legislation that would cap those damages to avoid those trying to scam the system.

Either way, these lawsuits should serve as a wake-up call for public officials.

If officials are trained in public records law, as they are supposed to be, and follow that law, then there shouldn't be an issue or an opportunity for a lawsuit. Our local officials should make sure they are doing everything possible to provide records when requested. It's the law.

Transparency in government is important and there should be a penalty if officials don't comply. If not, it gives them a free license to simply destroy records.

At the same time, no one should be taking advantage of the Sunshine Law to swamp small governments with pointless requests, simply to strike it rich.

If those filing these lawsuits are doing it to make a point and not a profit, that's one thing. And if that's the case they should donate those millions they were awarded to charity as proof of their intentions.

In the meantime, the best way for entities to protect themselves is to know the law and follow the law.

Public Record - Tuesday, June 28, 2011 | Courier Electronic ...

Docket

From the public records of the Findlay Police Department and the Hancock County Sheriff's Office:

Police Department

Items were swiped Saturday from vehicles in the 900 block of Crystal Avenue. Two men were reported in the vicinity at that time.

A Saturday ruckus was noted at 704 Center St.

Authorities handled a complaint Saturday that a male made sexual advances toward a Findlay girl.

Pills were pilfered from a truck Saturday somewhere in Findlay.

A person claimed she had been assaulted Sunday in a parking lot at 1800 Tiffin Avenue.

An altercation occurred Sunday in the 300 block of North Main Street.

A besotted man was arrested Sunday for aggravated disorderly conduct and resisting arrest after being belligerent on Crystal Avenue. Two city police officers suffered minor injuries while scuffling with the suspect.

Domestic unrest was noted Sunday at locations on Frazer Street, Lester Avenue, Santee Avenue and North Main Street.

An Elm Street citizen said Sunday her Visa card had been utilized twice without her consent.

A female threw a soda can that struck a man in the head Sunday in the 600 block of Morse Street.

Jewelry was missing Sunday from 1112 Crystal Lane.

An inebriated person was charged Sunday with disorderly conduct after a disturbance at 405 Lester Ave.

Assault charges were being contemplated Sunday against two people who fought outside 524 Wyandot St.

Two doors were damaged Sunday at 130 E. Melrose Ave.

A door to a building was forced open Monday at the Hancock Historical Museum, 422 W. Sandusky St.

A man traveling in a black auto departed Shell, 1100 W. Trenton Ave., without satisfying a $13 bill for premium gasoline Monday.

Sheriff's Office

A stereo was stolen Friday from a Ford Explorer at 11934 W. College Ave., Williamstown.

A Toledo woman was apprehended Sunday for removing a jacket and other goods from a van in a parking area at 7805 Township 95, Findlay.

A rural Findlay man was facing an allegation Monday of contributing to the delinquency of a minor after providing beer to his brother, 18, who was in trouble for underage consumption of alcohol at 1933 Wyoming Trail.

Xbox games and a laptop computer were reported missing June 21 from 8188 Maplewood Drive.

An unlawful entry was investigated Sunday at 15239 Ohio 235, Mount Cory.

Ohio public records management, a practical guide to the retention and disposition of public records for jurisdictions in the state of Ohio

Journal of the Senate of the State of Ohio

Ohio Open Records Law and Genealogy, Researching Ohio Public Records

Modern real estate practice in Ohio

Human resource and contract management in the public school, a legal perspective