Devanney Law Blog
Sunday, February 16, 2014
Thursday, February 14, 2013
Sunshine Law
Did you know that
The Yellow Book - The
state, through the Ohio Attorney General and in conjunction with the State
Auditor publishes a book called ‘Ohio Sunshine Laws – An Open Government
Resource Manual.’ The resource is commonly referred to as ‘The Yellow Book’.
This book is free and is available online at http://www.auditor.state.oh.us/services/opengov/resources/Yellowbook2012.pdf. The book lays out Ohio ’s policies on open meetings and public
records. Get the book. It gives you the tools to ask for public
records in a step by step manner.
Public Record - What
is a public record? In a nutshell, Ohio
defines it as any record kept by a public entity. Of course, just as everything
else in law, there are numerous exceptions – records dealing with or about
children, records revealing personal information about police officers,
attorney-client materials, criminal investigation records (at various points of
the investigation), etc. Additionally,
it can only be a public record if it actually exists. Most documents a person
might ask for will fall into the category of a public record.
Seeking Information -
When seeking information from a public entity, it is important to be very
specific about what you want. Include dates, types of documents, departments
that would have the records – anything you can think of to specify what you are
looking for. Then deliver the record request to either the person who holds the
record or the statutorily responsible person. You can ask for the information
in writing or verbally. You don’t have to give your name, but you can be asked
for it.
Reasonable Time - The government entity then has a
reasonable time to respond to your request. What exactly is reasonable time?
Well, that is another legal gray area. It can be anywhere from 2 days to 2
weeks depending on the complexity or volume of the request.
The Response - The entity is required to give a response to a
request for information. Typically, it will simply be a release of the records
requested. However, if there are any questions about
whether the document sought is a public record or is protected by one of the
many exceptions under R.C. 149.43, the entity should ask for assistance from
their legal counsel who can help determine if there are exceptions to the
release of records and respond in writing to the requestor detailing with legal
authority, why the records will not be released.
Writ of Mandamus- If the request was in writing and
delivered either in person or by certified mail and if the public entity does
not release the records or does not give a legal reason why the records will not be
released, the requestor can go into the court and ask for an order requiring
the release of the documents. If this
happens, the public entity may in addition to having to release public records
also have to pay a fine of $100.00 per day up to $1,000.00 per document and
additional costs including the attorney fees of the requestor.
This blog entry is the opinion of Katharina Devanney and is
not intended to be a substitute for you seeking legal advice on the topic of
public records specific to your particular facts. For more information, see R.C. 149.43 or seek
the advice of legal counsel.
Sunday, February 3, 2013
Happy Ohio Township Day
Happy Ohio
Township Day
(February 1)
Have you hugged
your Township Official Today?
This past week/weekend, I had the pleasure of attending the Ohio Township
Association Winter Conference and Trade Show – January 30 – February 2, 2013. I
have to admit I never made it to the trade show, although I do understand there
was a plethora of swag available (pens, pencils, rulers, calendars, etc).
History Lesson – Back in the day
when what we now know as Ohio
was the ‘wild west’ – townships were created.
The Land Ordinance of 1785 established survey townships. The
federal government surveyors divided the territory into thirty-six square mile
segments (six mile by six mile – although some of the townships in Ohio were only five
miles in any direction). These segments became Ohio ’s townships for governing purposes. http://www.ohiohistorycentral.org/entry.php?rec=2190&nm=Township
Every square inch of Ohio
at one time was part of one of these townships. As villages, and later cities grew, some of
the townships were absorbed into the municipalities and no longer exist as a
separate governing unit. The townships were combined in a variety of ways to form
counties. Currently there are 88
counties in Ohio .
According to the 2010 census there are over 1300 townships in the state. Some
counties have many townships – for instance, Medina
County has seventeen while others have
only a few – Cuyahoga
County, as an example, has only two remaining
townships.
Township as a Governing Unit –
Townships tend to have three elected trustees and one elected fiscal officer
acting as the governing authorities for the population. They (the townships)
are creatures of statute and are limited in their governing ability to what is
specifically permitted by the Ohio Revised Code. They can pass zoning regulations
and have police, fire, cemeteries and road departments. Unlike municipalities – they do not
tend to charge income tax on the residents and most of their operating funds
come from property taxes. Zoned townships also have two appointed boards – the zoning
commission (acting as the legislative branch of township government with
regards to zoning issues) and the board of zoning appeals (acting as the
judicial branch with regard to zoning issues).
Townships are a very approachable form of local government. Most are small to medium sized and have limited budgets. Trustees make
themselves approachable and meetings are held often and are always open to the
public. If you are a political junkie like me or are just curious, check out a meeting. They
can be very entertaining and are always informative.
Township Association - What impressed me about the Ohio Township Association (OTA) conference was
the wealth of knowledge available for all of the attendees. Workshops were
given on topics from ‘Why Personnel Policies Matter’ and ‘Handling Deeds &
Unused [cemetery] Plots’ to ‘Hot Topics in Planning and Zoning’ and ‘Technology
in Local Government’.
Additionally, the conference offered a cooperative working atmosphere for people from various counties to hear and discuss problems they have with aspects of governing. On hand to assist were attorneys, accountants, state government officials as well as more experienced elected township officials and other people who may have already dealt with a similar problem. Personnel from the State were available to discuss changes in the Ohio Revised Code and how those changes will impact townships. The keynote speaker at Friday's lunch gave a very moving discussion on effective spending and comparision of spending by local forms of government. I enjoyed the event and hope in the future – I am able to attend more of these conferences. http://www.ohiotownships.org/
Additionally, the conference offered a cooperative working atmosphere for people from various counties to hear and discuss problems they have with aspects of governing. On hand to assist were attorneys, accountants, state government officials as well as more experienced elected township officials and other people who may have already dealt with a similar problem. Personnel from the State were available to discuss changes in the Ohio Revised Code and how those changes will impact townships. The keynote speaker at Friday's lunch gave a very moving discussion on effective spending and comparision of spending by local forms of government. I enjoyed the event and hope in the future – I am able to attend more of these conferences. http://www.ohiotownships.org/
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