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Logan Bixler for Clermont County Commissioner

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Ohio Revised Code (ORC) 149.43 – Ohio Public Records Law (Sunshine Law)

 

The Ohio Public Records Act (ORC 149.43) ensures government transparency by granting public access to government documents, records, and contracts, with limited exceptions.

 

Key Provisions of ORC 149.43:

 

1. Definition of Public Records (149.43(A)(1))

• Public records include any document, contract, or record created, received, or maintained by a public office that documents its policies, decisions, or operations.

• Examples include:

Employment contracts

Government financial records

Meeting minutes

Salary reports

Ethics disclosures

Budgets and audits

 

2. Right to Inspect & Copy (149.43(B)(1))

• Any person may inspect, request, and obtain copies of public records during reasonable business hours.

• Government agencies must provide copies within a reasonable timeframe.

 

You do not need to provide a reason for requesting public records.

Anonymous requests are allowed.

 

3. Mandated Public Access – No Denial Without Just Cause (149.43(B)(2))

• A government office must provide records unless they are legally exempt.

• Denial must be in writing and must cite a specific legal exemption from ORC 149.43(A)(1).

 

A public office cannot refuse a request simply because it is controversial or inconvenient.

 

4. Exemptions – What Can Be Withheld? (149.43(A)(1))

 

Certain records may be exempt, including:

Medical records

Personal financial information

Some law enforcement investigative records

Attorney-client privileged documents

Records sealed by court order

 

Employment contracts, financial records, and salary information are NOT exempt. 

 

5. Penalties for Non-Compliance (149.43(C)(1))

• Failure to provide public records can result in legal action against the public office.

• A court may order statutory damages of $100 per day for wrongful denial.

• A court may also require the government entity to pay attorney fees.

​

Conclusion:

 

ORC 149.43 protects your right to investigate and report on government corruption, misuse of funds, and employment violations.

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