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Portage court denies access to records New state law creating confusion, meant to simplify the process

Mike Sever
October 4, 2007

By Mike Sever

Record-Courier staff writer

A new state records law intended to make public records more accessible has caused confusion and, in one case, had Portage County courts denying media access to court records.

A Record-Courier reporter was told Wednesday by county court employees that there would be no access to physical court records until employees attended an Oct. 17 training session on the new law.

A Portage County Common Pleas Court clerk denied any access to the common pleas court physical files. On another floor, a municipal court clerk did make copies of files and blacked out information that is not public, such as Social Security numbers.

It was not clear whether the access ban was universal or limited only to the press.

The irony is the new law, which went into effect Sept. 29, is meant to make public access to public records easier, not to expand government's ability to deny access.

Under the law, a public official or their designee must make available all of the information within the public record that is not exempt.

The law required the Ohio attorney general to develop and provide a model public records policy to all public offices. The law also requires all public offices to adopt a public records policy.

Local governments have yet to enact their open records policies as required. That's because the Ohio attorney general's office is required by the law to provide training to all government bodies, from township trustees on up, on the law before adopting a policy. The earliest session available for Portage County officials is Oct. 17 in Akron.

The new law also says public officials may not require that the requestor disclose their identity or the intended use of the requested public record, unless specifically required or authorized to do so by state or federal law. The requestor's identity or the intended use of the information may be requested only if that information will make it easier to comply with the request.