Ohio could make public records fights cheaper, quicker

COLUMBUS - Public records fights take too much time and cost too much money, a slew of Republican leaders said Wednesday.

Senate President Keith Faber, R-Celina, wants to create a first-of-its-kind way to appeal rejected requests for public records by going through the Ohio Court of Claims. The advantages? That court is already set up to handle disputes with government, the appeal would take about 45 days and it's cheaper – just $25 to appeal compared to the current $100 fee.

"This is about open government and installing fairness and confidence in the process that is often out of sight and out of mind until someone really needs to put government to the test," Faber said.

Here's how it would work: Betty Buckeye wants a public record from her local school district, but they won't hand it over. She could either go the old route by filing a lawsuit with the Ohio Supreme Court in Columbus or try the proposed way by going to her local clerk of court, paying $25 and disputing the rejected records request.

The school district would have seven days to file an answer. Both sides would start mediation, either in person or over the phone, to resolve the problem. If that doesn't work, that mediator would make a recommendation about whether the records should be released. The Ohio Court of Claims would make a final, binding decision based on that recommendation. The whole process should take about 45 days, Faber said.

The proposal is all about leveling the playing field for citizens, said Dennis Hetzel,  executive director of the Ohio Newspaper Association. The only change he recommended is allowing those who cannot afford the $25 fee to waive it.

"What we've got in Ohio too frequently is asymmetrical warfare," Ohio Auditor Dave Yost said. "The government has the lawyers and the ability to fight when they don't want to reveal something that ought to be revealed under the law, and the citizen is forced to dip into their own pockets."

The new method would take the place of two imperfect programs run by Yost, who audits public records responses but has no way to enforce them, and Ohio Attorney General Mike DeWine, who provides mediation for public record disputes but not with state agencies.

Some of Ohio's top Republicans, including Yost, DeWine and Ohio Chief Justice Maureen O’Connor, are throwing support behind the idea. Faber is introducing the bill – a somewhat unusual move for the Senate president, who is spearheading just five other pieces of legislation this session.

Faber said as a mediator, he looked at the public records problem and thought, "We can fix this. We can do this in a better way." Of course, he has also expressed interest in a statewide run in 2018, perhaps for auditor.