An Update From . . .
FISCAL SERVICES / STATE SOFTWARE Ohio Sunshine Laws You may be wondering why I chose the Ohio Sunshine Laws as a topic to include in this issue of INFORM. Maybe it is because after several months of cold and gray in Ohio, I think that we need a little “sunshine!” It may also be because after a career spent in the public sector I have come to appreciate the importance of understanding and referencing these laws when appropriate. The new year often brings newly elected members to your school board. That means it is a good time to refresh your knowledge of the rules and regulations surrounding Ohio’s Open Records and Public Meetings acts. Here are some key reminders that I have compiled from the Ohio Attorney General’s 2019 Sunshine Laws Manual, commonly known as the Yellow Book. CLICK HERE to access the most recent version of the complete document on the Ohio Attorney General website.
What are Ohio’s Sunshine Laws? Ohio’s Public Records and Open Meetings laws, are collectively known as the “Sunshine Laws.” These laws give Ohioans access to government meetings and records. In providing transparency to government proceedings, these laws are said to “let the sunshine in.”
Who is responsible for following the Sunshine Laws? • The Auditor of State provides the statutory definition R.C. 149.011(A) of a Public Office as “any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.” This definition [also] includes all state and local government offices, and many agencies not directly operated by a political subdivision… (Coontz, et al. 2)
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• Private entities can be “public offices.” If there is clear and convincing evidence that a private entity is the “functional equivalent” of a public office, that entity will be subject to the Public Records Act. … [In this case, a court decides based on] (1) whether the entity performs a governmental function; (2) the level of government funding it receives; (3) the extent of government involvement or regulation; and (4) whether the entity was created by the government… (Coontz, et al. 2) • When a public office contracts with a private entity to perform government work, the resulting records may be public records, even if they are solely in the possession of the private entity. These records are public records when three conditions are met: 1. the private entity prepared the records to perform responsibilities normally belonging to the public office; 2. the public office is able to monitor the private entity’s performance; and 3. the public office may access the records itself. (Coontz, et al. 3) • Under these circumstances, the public office is subject to requests for the public records under its jurisdiction, and the private entity itself may have become a “person responsible for public records” for purposes of the Public Records Act… A public office cannot avoid its responsibility for public records by transferring custody of records or the record-making function to a private entity. (Coontz, et al. 3) • All local and statewide elected government officials or their designees must attend a three-hour public records training program during each term of elective office that the official serves. (Coontz, et al. 69) • Often our school board members designate a district administrator such as the Superintendent or Treasurer to fulfil this requirement. Still, it is important for the designee to share the information with district staff and administrators, as they are most often custodians of public records at the district. • [Board members or their designee attend the