As Reported by the House Civil and Commercial Law Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 9

Representatives Oelslager, Flowers, Buehrer, White, Trakas 

---

A BILL

To amend sections 121.22, 149.011, 149.31, 149.38,

1

149.39, 149.41, 149.42, 149.43, 3319.321, and

2

4701.19 and to enact sections 109.43, 149.411,

3

149.412, 2743.31, 2743.32, 2743.33, and 2743.34 of

4

the Revised Code to revise the Public Records Law,

5

to create the office of Public Access Counselor in

6

the Court of Claims, to create a library records

7

commission in each public library and a special

8

taxing district records commission in each special

9

taxing district, to revise the records commissions

10

laws, and to eliminate the provision that certain

11

records made by a public accountant incident to an

12

audit of a public office or private entity are not

13

public records.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 121.22, 149.011, 149.31, 149.38,	15
149.39, 149.41, 149.42, 149.43, 3319.321, and 4701.19 be amended	16
and sections 109.43, 149.411, 149.412, 2743.31, 2743.32, 2743.33,	17
and 2743.34 of the Revised Code be enacted to read as follows:	18

Sec. 109.43. (A) As used in this section:

19

(1) "Designee" means a designee of the elected official in	20
the public office if that elected official is the only elected	21
official in the public office involved or a designee of all of the	22
elected officials in the public office if the public office	23
involved includes more than one elected official.	24

(2) "Elected official" means an official elected to a local	25
or statewide office. "Elected official" does not include the chief	26
justice or a justice of the supreme court, a judge of a court of	27
appeals, court of common pleas, municipal court, or county court,	28
or a clerk of any of those courts.	29

(3) "Public office" has the same meaning as in section	30
149.011 of the Revised Code.	31

(4) "Public record" has the same meaning as in section 149.43	32
of the Revised Code.	33

(B) The attorney general shall develop, provide, and certify	34
training programs and seminars for all elected officials or their	35
appropriate designees in order to enhance the officials' knowledge	36
of the duty to provide access to public records as required by	37
section 149.43 of the Revised Code. The training shall be three	38
hours for every term of office for which the elected official was	39
appointed or elected to the public office involved. The training	40
shall provide elected officials or their appropriate designees	41
with guidance in developing and updating their offices' policies	42
as required under section 149.43 of the Revised Code. The	43
successful completion by an elected official or by an elected	44
official's appropriate designee of the training requirements	45
established by the attorney general under this section shall	46
satisfy the education requirements imposed on elected officials or	47
their appropriate designees under division (E) of section 149.43	48
of the Revised Code. Prior to providing the training programs and	49
seminars under this section to satisfy the education requirements	50
imposed on elected officials or their appropriate designees under	51
division (E) of section 149.43 of the Revised Code, the attorney	52
general shall ensure that the training programs and seminars are	53
accredited by the commission on continuing legal education	54
established by the supreme court.	55

(C) The attorney general shall not charge any elected	56
official or the appropriate designee of any elected official any	57
fee for attending the training programs and seminars that the	58
attorney general conducts under this section. The attorney general	59
may allow the attendance of any other interested persons at any of	60
the training programs or seminars that the attorney general	61
conducts under this section and shall not charge the person any	62
fee for attending the training program or seminar.	63

(D) In addition to developing, providing, and certifying	64
training programs and seminars as required under division (B) of	65
this section, the attorney general may contract with one or more	66
other state agencies, political subdivisions, or other public or	67
private entities to conduct the training programs and seminars for	68
elected officials or their appropriate designees under this	69
section. The contract may provide for the attendance of any other	70
interested persons at any of the training programs or seminars	71
conducted by the contracting state agency, political subdivision,	72
or other public or private entity. The contracting state agency,	73
political subdivision, or other public or private entity may	74
charge an elected official, an elected official's appropriate	75
designee, or an interested person a registration fee for attending	76
the training program or seminar conducted by that contracting	77
agency, political subdivision, or entity pursuant to a contract	78
entered into under this division. The attorney general shall	79
determine a reasonable amount for the registration fee based on	80
the actual and necessary expenses associated with the training	81
programs and seminars.	82

(E) The attorney general shall develop and provide to all	83
public offices a model public records policy for responding to	84
public records requests in compliance with section 149.43 of the	85
Revised Code in order to provide guidance to public offices in	86
developing their own public record policies for responding to	87
public records requests in compliance with that section.	88

(F) The attorney general may provide any other appropriate	89
training or educational programs about Ohio's "Sunshine Laws,"	90
sections 121.22 and 149.43 of the Revised Code, as may be	91
developed and offered by the attorney general or by the attorney	92
general in collaboration with one or more other state agencies,	93
political subdivisions, or other public or private entities.	94

(G) The auditor of state, in the course of an annual or	95
biennial audit of a public office pursuant to Chapter 117. of the	96
Revised Code, shall audit the public office for compliance with	97
this section and division (E) of section 149.43 of the Revised	98
Code.	99

Sec. 121.22.  (A) This section shall be liberally construed	100
to require public officials to take official action and to conduct	101
all deliberations upon official business only in open meetings	102
unless the subject matter is specifically excepted by law.	103

(B) As used in this section:

104

(1) "Public body" means any of the following:

105

(a) Any board, commission, committee, council, or similar	106
decision-making body of a state agency, institution, or authority,	107
and any legislative authority or board, commission, committee,	108
council, agency, authority, or similar decision-making body of any	109
county, township, municipal corporation, school district, or other	110
political subdivision or local public institution;	111

(b) Any committee or subcommittee of a body described in	112
division (B)(1)(a) of this section;	113

(c) A court of jurisdiction of a sanitary district organized	114
wholly for the purpose of providing a water supply for domestic,	115
municipal, and public use when meeting for the purpose of the	116
appointment, removal, or reappointment of a member of the board of	117
directors of such a district pursuant to section 6115.10 of the	118
Revised Code, if applicable, or for any other matter related to	119
such a district other than litigation involving the district. As	120
used in division (B)(1)(c) of this section, "court of	121
jurisdiction" has the same meaning as "court" in section 6115.01	122
of the Revised Code.	123

(2) "Meeting" means any prearranged discussion of the public	124
business of the public body by a majority of its members.	125

(3) "Regulated individual" means either of the following:

126

(a) A student in a state or local public educational	127
institution;	128

(b) A person who is, voluntarily or involuntarily, an inmate,	129
patient, or resident of a state or local institution because of	130
criminal behavior, mental illness or retardation, disease,	131
disability, age, or other condition requiring custodial care.	132

(4) "Public office" has the same meaning as in section	133
149.011 of the Revised Code.	134

(C) All meetings of any public body are declared to be public	135
meetings open to the public at all times. A member of a public	136
body shall be present in person at a meeting open to the public to	137
be considered present or to vote at the meeting and for purposes	138
of determining whether a quorum is present at the meeting.	139

The minutes of a regular or special meeting of any public	140
body shall be promptly prepared, filed, and maintained and shall	141
be open to public inspection. The minutes need only reflect the	142
general subject matter of discussions in executive sessions	143
authorized under division (G) or (J) of this section.	144

(D) This section does not apply to any of the following:

145

(1) A grand jury;

146

(2) An audit conference conducted by the auditor of state or	147
independent certified public accountants with officials of the	148
public office that is the subject of the audit;	149

(3) The adult parole authority when its hearings are	150
conducted at a correctional institution for the sole purpose of	151
interviewing inmates to determine parole or pardon;	152

(4) The organized crime investigations commission established	153
under section 177.01 of the Revised Code;	154

(5) Meetings of a child fatality review board established	155
under section 307.621 of the Revised Code and meetings conducted	156
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	157

(6) The state medical board when determining whether to	158
suspend a certificate without a prior hearing pursuant to division	159
(G) of either section 4730.25 or 4731.22 of the Revised Code;	160

(7) The board of nursing when determining whether to suspend	161
a license or certificate without a prior hearing pursuant to	162
division (B) of section 4723.281 of the Revised Code;	163

(8) The state board of pharmacy when determining whether to	164
suspend a license without a prior hearing pursuant to division (D)	165
of section 4729.16 of the Revised Code;	166

(9) The state chiropractic board when determining whether to	167
suspend a license without a hearing pursuant to section 4734.37 of	168
the Revised Code.	169

(10) The executive committee of the emergency response	170
commission when determining whether to issue an enforcement order	171
or request that a civil action, civil penalty action, or criminal	172
action be brought to enforce Chapter 3750. of the Revised Code.	173

(E) The controlling board, the development financing advisory	174
council, the industrial technology and enterprise advisory	175
council, the tax credit authority, or the minority development	176
financing advisory board, when meeting to consider granting	177
assistance pursuant to Chapter 122. or 166. of the Revised Code,	178
in order to protect the interest of the applicant or the possible	179
investment of public funds, by unanimous vote of all board,	180
council, or authority members present, may close the meeting	181
during consideration of the following information confidentially	182
received by the authority, council, or board from the applicant:	183

(1) Marketing plans;

184

(2) Specific business strategy;

185

(3) Production techniques and trade secrets;

186

(4) Financial projections;

187

(5) Personal financial statements of the applicant or members	188
of the applicant's immediate family, including, but not limited	189
to, tax records or other similar information not open to public	190
inspection.	191

The vote by the authority, council, or board to accept or	192
reject the application, as well as all proceedings of the	193
authority, council, or board not subject to this division, shall	194
be open to the public and governed by this section.	195

(F) Every public body, by rule, shall establish a reasonable	196
method whereby any person may determine the time and place of all	197
regularly scheduled meetings and the time, place, and purpose of	198
all special meetings. A public body shall not hold a special	199
meeting unless it gives at least twenty-four hours' advance notice	200
to the news media that have requested notification, except in the	201
event of an emergency requiring immediate official action. In the	202
event of an emergency, the member or members calling the meeting	203
shall notify the news media that have requested notification	204
immediately of the time, place, and purpose of the meeting.	205

The rule shall provide that any person, upon request and	206
payment of a reasonable fee, may obtain reasonable advance	207
notification of all meetings at which any specific type of public	208
business is to be discussed. Provisions for advance notification	209
may include, but are not limited to, mailing the agenda of	210
meetings to all subscribers on a mailing list or mailing notices	211
in self-addressed, stamped envelopes provided by the person.	212

(G) Except as provided in division (J) of this section, the	213
members of a public body may hold an executive session only after	214
a majority of a quorum of the public body determines, by a roll	215
call vote, to hold an executive session and only at a regular or	216
special meeting for the sole purpose of the consideration of any	217
of the following matters:	218

(1) To consider the appointment, employment, dismissal,	219
discipline, promotion, demotion, or compensation of a public	220
employee or official, or the investigation of charges or	221
complaints against a public employee, official, licensee, or	222
regulated individual, unless the public employee, official,	223
licensee, or regulated individual requests a public hearing.	224
Except as otherwise provided by law, no public body shall hold an	225
executive session for the discipline of an elected official for	226
conduct related to the performance of the elected official's	227
official duties or for the elected official's removal from office.	228
If a public body holds an executive session pursuant to division	229
(G)(1) of this section, the motion and vote to hold that executive	230
session shall state which one or more of the approved purposes	231
listed in division (G)(1) of this section are the purposes for	232
which the executive session is to be held, but need not include	233
the name of any person to be considered at the meeting.	234

(2) To consider the purchase of property for public purposes,	235
or for the sale of property at competitive bidding, if premature	236
disclosure of information would give an unfair competitive or	237
bargaining advantage to a person whose personal, private interest	238
is adverse to the general public interest. No member of a public	239
body shall use division (G)(2) of this section as a subterfuge for	240
providing covert information to prospective buyers or sellers. A	241
purchase or sale of public property is void if the seller or buyer	242
of the public property has received covert information from a	243
member of a public body that has not been disclosed to the general	244
public in sufficient time for other prospective buyers and sellers	245
to prepare and submit offers.	246

If the minutes of the public body show that all meetings and	247
deliberations of the public body have been conducted in compliance	248
with this section, any instrument executed by the public body	249
purporting to convey, lease, or otherwise dispose of any right,	250
title, or interest in any public property shall be conclusively	251
presumed to have been executed in compliance with this section	252
insofar as title or other interest of any bona fide purchasers,	253
lessees, or transferees of the property is concerned.	254

(3) Conferences with an attorney for the public body	255
concerning disputes involving the public body that are the subject	256
of pending or imminent court action;	257

(4) Preparing for, conducting, or reviewing negotiations or	258
bargaining sessions with public employees concerning their	259
compensation or other terms and conditions of their employment;	260

(5) Matters required to be kept confidential by federal law	261
or regulations or state statutes;	262

(6) Details relative to the security arrangements and	263
emergency response protocols for a public body or a public office,	264
if disclosure of the matters discussed could reasonably be	265
expected to jeopardize the security of the public body or public	266
office;	267

(7) In the case of a county hospital operated pursuant to	268
Chapter 339. of the Revised Code or a municipal hospital operated	269
pursuant to Chapter 749. of the Revised Code, to consider trade	270
secrets, as defined in section 1333.61 of the Revised Code.	271

If a public body holds an executive session to consider any	272
of the matters listed in divisions (G)(2) to (7) of this section,	273
the motion and vote to hold that executive session shall state	274
which one or more of the approved matters listed in those	275
divisions are to be considered at the executive session.	276

A public body specified in division (B)(1)(c) of this section	277
shall not hold an executive session when meeting for the purposes	278
specified in that division.	279

(H) A resolution, rule, or formal action of any kind is	280
invalid unless adopted in an open meeting of the public body. A	281
resolution, rule, or formal action adopted in an open meeting that	282
results from deliberations in a meeting not open to the public is	283
invalid unless the deliberations were for a purpose specifically	284
authorized in division (G) or (J) of this section and conducted at	285
an executive session held in compliance with this section. A	286
resolution, rule, or formal action adopted in an open meeting is	287
invalid if the public body that adopted the resolution, rule, or	288
formal action violated division (F) of this section.	289

(I)(1) Any person may bring an action to enforce this	290
section. An action under division (I)(1) of this section shall be	291
brought within two years after the date of the alleged violation	292
or threatened violation. Upon proof of a violation or threatened	293
violation of this section in an action brought by any person, the	294
court of common pleas shall issue an injunction to compel the	295
members of the public body to comply with its provisions.	296

(2)(a) If the court of common pleas issues an injunction	297
pursuant to division (I)(1) of this section, the court shall order	298
the public body that it enjoins to pay a civil forfeiture of five	299
hundred dollars to the party that sought the injunction and, shall	300
award to that party all court costs and, subject to reduction as	301
described in division (I)(2) of this section, reasonable	302
attorney's fees. The court, in its discretion, may reduce an award	303
of attorney's fees to the party that sought the injunction or not	304
award attorney's fees to that party if the court determines both	305
of the following:	306

(i) That, based on the ordinary application of statutory law	307
and case law as it existed at the time of violation or threatened	308
violation that was the basis of the injunction, a well-informed	309
public body reasonably would believe that the public body was not	310
violating or threatening to violate this section;	311

(ii) That a well-informed public body reasonably would	312
believe that the conduct or threatened conduct that was the basis	313
of the injunction would serve the public policy that underlies the	314
authority that is asserted as permitting that conduct or	315
threatened conduct.	316

(b) If the court of common pleas does not issue an injunction	317
pursuant to division (I)(1) of this section and the court	318
determines at that time that the bringing of the action was	319
frivolous conduct, as defined in division (A) of section 2323.51	320
of the Revised Code, the court shall award to the public body all	321
court costs and reasonable attorney's fees, as determined by the	322
court.	323

(3) Irreparable harm and prejudice to the party that sought	324
the injunction shall be conclusively and irrebuttably presumed	325
upon proof of a violation or threatened violation of this section.	326

(4) A member of a public body who knowingly violates an	327
injunction issued pursuant to division (I)(1) of this section may	328
be removed from office by an action brought in the court of common	329
pleas for that purpose by the prosecuting attorney or the attorney	330
general.	331

(J)(1) Pursuant to division (C) of section 5901.09 of the	332
Revised Code, a veterans service commission shall hold an	333
executive session for one or more of the following purposes unless	334
an applicant requests a public hearing:	335

(a) Interviewing an applicant for financial assistance under	336
sections 5901.01 to 5901.15 of the Revised Code;	337

(b) Discussing applications, statements, and other documents	338
described in division (B) of section 5901.09 of the Revised Code;	339

(c) Reviewing matters relating to an applicant's request for	340
financial assistance under sections 5901.01 to 5901.15 of the	341
Revised Code.	342

(2) A veterans service commission shall not exclude an	343
applicant for, recipient of, or former recipient of financial	344
assistance under sections 5901.01 to 5901.15 of the Revised Code,	345
and shall not exclude representatives selected by the applicant,	346
recipient, or former recipient, from a meeting that the commission	347
conducts as an executive session that pertains to the applicant's,	348
recipient's, or former recipient's application for financial	349
assistance.	350

(3) A veterans service commission shall vote on the grant or	351
denial of financial assistance under sections 5901.01 to 5901.15	352
of the Revised Code only in an open meeting of the commission. The	353
minutes of the meeting shall indicate the name, address, and	354
occupation of the applicant, whether the assistance was granted or	355
denied, the amount of the assistance if assistance is granted, and	356
the votes for and against the granting of assistance.	357

(K) Any person that is denied any of the person's rights	358
under this section may file an informal complaint or a formal	359
complaint with the public access counselor under section 2743.33	360
of the Revised Code.	361

Sec. 149.011.  As used in this chapter, except as otherwise	362
provided:	363

(A) "Public office" includes any state agency, public	364
institution, political subdivision, or other organized body,	365
office, agency, institution, or entity established by the laws of	366
this state for the exercise of any function of government.	367

(B) "State agency" includes every department, bureau, board,	368
commission, office, or other organized body established by the	369
constitution and laws of this state for the exercise of any	370
function of state government, including any state-supported	371
institution of higher education, the general assembly, any	372
legislative agency, any court or judicial agency, or any political	373
subdivision or agency of a political subdivision.	374

(C) "Public money" includes all money received or collected	375
by or due a public official, whether in accordance with or under	376
authority of any law, ordinance, resolution, or order, under color	377
of office, or otherwise. It also includes any money collected by	378
any individual on behalf of a public office or as a purported	379
representative or agent of the public office.	380

(D) "Public official" includes all officers, employees, or	381
duly authorized representatives or agents of a public office.	382

(E) "Color of office" includes any act purported or alleged	383
to be done under any law, ordinance, resolution, order, or other	384
pretension to official right, power, or authority.	385

(F) "Archive" includes any public record that is transferred	386
to the state archives or other designated archival institutions	387
because of the historical information contained on it.	388

(G) "Records" includes any document, device, or item,	389
regardless of physical form or characteristic, including an	390
electronic record as defined in section 1306.01 of the Revised	391
Code, created or received by or coming under the jurisdiction of	392
any public office of the state or its political subdivisions,	393
which serves to document the organization, functions, policies,	394
decisions, procedures, operations, or other activities of the	395
office. "Records" also includes any document, device, or item,	396
regardless of physical form or characteristic, created or received	397
by or coming under the jurisdiction of any public office of the	398
state or its political subdivisions that documents the depletion,	399
expenditure, or depreciation of the resources of a public office	400
even if unauthorized by that office.	401

Sec. 149.31.  (A) The Ohio historical society, in addition to	402
its other functions, shall function as the state archives	403
administration for the state and its political subdivisions.	404

It shall be the function of the state archives administration	405
to preserve government archives, documents, and records of	406
historical value that may come into its possession from public or	407
private sources.	408

The archives administration shall evaluate, preserve,	409
arrange, service repair, or make other disposition of, such as	410
including transfer to public libraries, county historical	411
societies, state universities, or other public or quasi-public	412
institutions, agencies, or corporations, of those public records	413
of the state and its political subdivisions that may come into its	414
possession under this section. SuchThose public records shall be	415
transferred by written agreement only, and only to public or	416
quasi-public institutions, agencies, or corporations capable of	417
meeting accepted archival standards for housing and use.	418

The archives administration shall be headed by a trained	419
archivist designated by the Ohio historical society, and shall	420
make its services available to county, citymunicipal, township,	421
and school district, library, and special taxing district records	422
commissions upon request. The archivist shall be designated as the	423
"state archivist."	424

(B) The archives administration may purchase or procure for	425
itself, or authorize the board of trustees of an archival	426
institution to purchase or procure, from an insurance company	427
licensed to do business in this state policies of insurance	428
insuring the administration or the members of the board and their	429
officers, employees, and agents against liability on account of	430
damage or injury to persons and property resulting from any act or	431
omission of the board members, officers, employees, and agents in	432
their official capacity.	433

(C) Notwithstanding any other provision of the Revised Code	434
to the contrary, the archives administration may establish a fee	435
schedule, which may include the cost of labor, for researching,	436
retrieving, copying, and mailing copies of public records in the	437
state archives. Revisions to the fee schedule shall be subject to	438
approval by the board of trustees of the Ohio historical society.	439

Sec. 149.38.  (A) There is hereby created in each county a	440
county records commission, composed of the president of the board	441
of county commissioners as chairperson, the prosecuting attorney,	442
the auditor, the recorder, and the clerk of the court of common	443
pleas. The commission shall appoint a secretary, who may or may	444
not be a member of the commission and who shall serve at the	445
pleasure of the commission. The commission may employ an archivist	446
or records manager to serve under its direction. The commission	447
shall meet at least once every six months, and upon call of the	448
chairperson.	449

(B) The functions of the county records commission shall be	450
to provide rules for retention and disposal of records of the	451
county and to review applications for one-time records disposal of	452
obsolete records and schedules of records retention and disposal	453
disposition submitted by county offices. Records may be disposed	454
of by theThe commission may dispose of records pursuant to the	455
procedure outlined in this section. The commission, at any time,	456
may review any schedule it has previously approved and, for good	457
cause shown, may revise that schedule, subject to division (D) of	458
this section.	459

(C) When the county records commission has approved any	460
county recordsapplication for one-time disposal, a copy of a list	461
of thoseobsolete records shall be sentor any schedule of records	462
retention and disposition, the commission shall send that	463
application or schedule to the Ohio historical society for its	464
review. The Ohio historical society shall review the application	465
or schedule within a period of not more than sixty days after its	466
receipt of it. Upon completion of its review, the Ohio historical	467
society shall forward the application for one-time disposal of	468
obsolete records or the schedule of records retention and	469
disposition to the auditor of state. If the auditor of state	470
disapproves the action by the commission in whole or in part, the	471
auditor of state shall so inform the commissionfor the auditor's	472
approval or disapproval. The auditor shall approve or disapprove	473
the application or schedule within a period of not more than sixty	474
days, and those records shall not be destroyedafter receipt of	475
it. Before public records are to be disposed of, the commission	476
shall inform the Ohio historical society of the disposal through	477
the submission of a certificate of records disposal and shall give	478
the society the opportunity for a period of sixtyfifteen business	479
days to select for its custody suchthose records asthat it	480
considers to be of continuing historical value. When the Ohio	481
historical society is so informed that public records are to be	482
disposed ofUpon the expiration of the fifteen-business-day	483
period, the county records commission also shall notify the public	484
libraries, county historical society, state universities, and any	485
other public or quasi-public institutions, agencies, or	486
corporations in the county that have provided the commission with	487
their name and address for these notification purposes, that the	488
commission has informed the Ohio historical society has been so	489
informedof the records disposal and that the notified entities,	490
upon written agreement with the Ohio historical society pursuant	491
to section 149.31 of the Revised Code, may select records of	492
continuing historical value, including records that may be	493
distributed to any of the notified entities under section 149.31	494
of the Revised Code.	495

(D) The rules of the county records commission shall include	496
a rule that requires any receipts, checks, vouchers, or other	497
similar records pertaining to expenditures from the delinquent tax	498
and assessment collection fund created in section 321.261 of the	499
Revised Code, from the real estate assessment fund created in	500
section 325.31 of the Revised Code, or from amounts allocated for	501
the furtherance of justice to the county sheriff under section	502
325.071 of the Revised Code or to the prosecuting attorney under	503
section 325.12 of the Revised Code to be retained for at least	504
four years.	505

(E) No person shall knowingly violate the rule adopted under	506
division (D) of this section. Whoever violates that rule is guilty	507
of a misdemeanor of the first degree.	508

Sec. 149.39.  There is hereby created in each municipal	509
corporation a records commission composed of the chief executive	510
or histhe chief executive's appointed representative, as chairman	511
chairperson, and the chief fiscal officer, the chief legal	512
officer, and a citizen appointed by the chief executive. The	513
commission shall appoint a secretary, who may or may not be a	514
member of the commission and who shall serve at the pleasure of	515
the commission. The commission may employ an archivist or records	516
manager to serve under its direction. The commission shall meet at	517
least once every six months, and upon call of the chairman	518
chairperson.	519

The functions of the commission shall be to provide rules for	520
retention and disposal of records of the municipal corporation and	521
to review applications for one-time disposal of obsolete records	522
disposal and schedules of records retention and disposition	523
submitted by municipal offices. Records may be disposed of by the	524
The commission may dispose of records pursuant to the procedure	525
outlined in this section. The commission may at any time may	526
review any schedule it has previously approved, and for good cause	527
shown may revise that schedule.	528

When the municipal records have beencommission has approved	529
any application for one-time disposal, a list of suchobsolete	530
records shall be sentor any schedule of records retention and	531
disposition, the commission shall send that application or	532
schedule to the Ohio historical society for its review. The Ohio	533
historical society shall review the application or schedule within	534
a period of not more than sixty days after its receipt of it. Upon	535
completion of its review, the Ohio historical society shall	536
forward the application for one-time disposal of obsolete records	537
or the schedule of records retention and disposition to the	538
auditor of state. If he disapproves of the action by the municipal	539
commission, in whole or in part, he shall so inform the commission	540
for the auditor's approval or disapproval. The auditor shall	541
approve or disapprove the application or schedule within a period	542
of not more than sixty days and these records shall not be	543
destroyedafter receipt of it. Before public records are to be	544
disposed of, the commission shall inform the Ohio historical	545
society shall be informed and givenof the disposal through the	546
submission of a certificate of records disposal and shall give the	547
society the opportunity for a period of sixtyfifteen business	548
days to select for its custody suchthose public records asthat	549
it considers to be of continuing historical value.	550

Sec. 149.41.  There is hereby created in each city and	551
exempted village school district a school district records	552
commission and in each educational service center an educational	553
service center records commission. Each records commission shall	554
be composed of the president, the treasurer of the board of	555
education or governing board of the educational service center,	556
and the superintendent of schools in each such district or	557
educational service center. The commission shall meet at least	558
once every twelve months.	559

The function of the commission shall be to review	560
applications for one-time disposal of obsolete records disposal	561
and schedules of records retention and disposition submitted by	562
any employee of the school district or educational service center.	563
Records may be disposed of by theThe commission may dispose of	564
records pursuant to the procedure outlined in this section. The	565
commission may at any time may review any schedule it has	566
previously approved, and for good cause shown may revise that	567
schedule.	568

When the school district records commission or the	569
educational service center records have beencommission has	570
approved any application for one-time disposal, a list of such	571
obsolete records shall be sentor any schedule of records	572
retention and disposition, the appropriate commission shall send	573
that application or schedule to the Ohio historical society for	574
its review. The Ohio historical society shall review the	575
application or schedule within a period of not more than sixty	576
days after its receipt of it. Upon completion of its review, the	577
Ohio historical society shall forward the application for one-time	578
disposal of obsolete records or the schedule of records retention	579
and disposition to the auditor of state. If he disapproves the	580
action by the commission, in whole or in part, he shall so inform	581
the commissionfor the auditor's approval or disapproval. The	582
auditor shall approve or disapprove the application or schedule	583
within a period of not more than sixty days and these records	584
shall not be destroyedafter receipt of it. Before public records	585
are to be disposed of, the appropriate commission shall inform the	586
Ohio historical society shall be informed and givenof the	587
disposal through the submission of a certificate of records	588
disposal and shall give the society the opportunity for a period	589
of sixtyfifteen business days to select for its custody such	590
those public records asthat it considers to be of continuing	591
historical value. The society may not review or select for its	592
custody either of the following:	593

(A) Records containing personally identifiable information	594
concerning any pupil attending a public school other than	595
directory information, as defined in section 3319.321 of the	596
Revised Code, without the written consent of the parent, guardian,	597
or custodian of each such pupil who is less than eighteen years of	598
age, or without the written consent of each such pupil who is	599
eighteen years of age or older;	600

(B) Records the release of which would, according to the	601
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	602
20 U.S.C.A. 1232g, disqualify a school or other educational	603
institution from receiving federal funds.	604

Sec. 149.411.  There is hereby created in each county free	605
public library, municipal free public library, township free	606
public library, county library district, and regional library	607
district a library records commission composed of the members and	608
the clerk of the board of library trustees of the appropriate	609
public library or library district. The commission shall meet at	610
least once every twelve months.	611

The functions of the commission shall be to review	612
applications for one-time disposal of obsolete records and	613
schedules of records retention and disposition submitted by any	614
employee of the library. The commission may dispose of records	615
pursuant to the procedure outlined in this section. The commission	616
at any time may review any schedule it has previously approved and	617
for good cause shown may revise that schedule.	618

When the appropriate library records commission has approved	619
any library application for one-time disposal of obsolete records	620
or any schedule of records retention and disposition, the	621
commission shall send that application or schedule to the Ohio	622
historical society for its review. The Ohio historical society	623
shall review the application or schedule within a period of not	624
more than sixty days after its receipt of it. Upon completion of	625
its review, the Ohio historical society shall forward the	626
application for one-time disposal of obsolete records or the	627
schedule of records retention and disposition to the auditor of	628
state for the auditor's approval or disapproval. The auditor shall	629
approve or disapprove the application or schedule within a period	630
of not more than sixty days after receipt of it. Before public	631
records are to be disposed of, the commission shall inform the	632
Ohio historical society of the disposal through the submission of	633
a certificate of records disposal and shall give the society the	634
opportunity for a period of fifteen business days to select for	635
its custody those public records that it considers to be of	636
continuing historical value. The Ohio historical society may not	637
review or select for its custody any records pursuant to section	638
149.432 of the Revised Code.	639

Sec. 149.412.  There is hereby created in each special taxing	640
district that is a public office as defined in section 149.011 of	641
the Revised Code and that is not specifically designated in	642
section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised	643
Code a special taxing district records commission composed of, at	644
a minimum, the chairperson, a fiscal representative, and a legal	645
representative of the governing board of the special taxing	646
district. The commission shall meet at least once every twelve	647
months and upon the call of the chairperson.	648

The functions of the commission shall be to review	649
applications for one-time disposal of obsolete records and	650
schedules of records retention and disposition submitted by any	651
employee of the special taxing district. The commission may	652
dispose of records pursuant to the procedure outlined in this	653
section. The commission at any time may review any schedule it has	654
previously approved and for good cause shown may revise that	655
schedule.	656

When the special taxing district records commission has	657
approved any special taxing district application for one-time	658
disposal of obsolete records or any schedule of records retention	659
and disposition, the commission shall send that application or	660
schedule to the Ohio historical society for its review. The Ohio	661
historical society shall review the application or schedule within	662
a period of not more than sixty days after its receipt of it. Upon	663
completion of its review, the Ohio historical society shall	664
forward the application for one-time disposal of obsolete records	665
or the schedule of records retention and disposition to the	666
auditor of state for the auditor's approval or disapproval. The	667
auditor shall approve or disapprove the application or schedule	668
within a period of not more than sixty days after receipt of it.	669
Before public records are to be disposed of, the commission shall	670
inform the Ohio historical society of the disposal through the	671
submission of a certificate of records disposal and shall give the	672
society the opportunity for a period of fifteen business days to	673
select for its custody those public records that it considers to	674
be of continuing historical value.	675

Sec. 149.42.  There is hereby created in each township a	676
township records commission, composed of the chairperson of the	677
board of township trustees and the fiscal officer of the township.	678
The commission shall meet at least once every twelve months, and	679
upon call of the chairperson.	680

The function of the commission shall be to review	681
applications for one-time disposal of obsolete records disposal	682
and schedules of records retention and disposition submitted by	683
township offices. Records may be disposed of by theThe commission	684
may dispose of records pursuant to the procedure outlined in this	685
section. The commission may at any time may review any schedule it	686
has previously approved, and for good cause shown may revise that	687
schedule.	688

When the township records have beencommission has approved	689
any township application for one-time disposal, a list of the	690
obsolete records shall be sentor any schedule of records	691
retention and disposition, the commission shall send that	692
application or schedule to the Ohio historical society for its	693
review. The Ohio historical society shall review the application	694
or schedule within a period of not more than sixty days after its	695
receipt of it. Upon completion of its review, the Ohio historical	696
society shall forward the application for one-time disposal of	697
obsolete records or the schedule of records retention and	698
disposition to the auditor of state. If the auditor of state	699
disapproves of the action by the commission, in whole or in part,	700
the auditor of state shall so inform the commissionfor the	701
auditor's approval or disapproval. The auditor shall approve or	702
disapprove the application or schedule within a period of not more	703
than sixty days, and these records shall not be destroyedafter	704
receipt of it. Before public records are to be disposed of, the	705
commission shall inform the Ohio historical society shall be	706
informed and givenof the disposal through the submission of a	707
certificate of records disposal and shall give the society the	708
opportunity for a period of sixtyfifteen business days to select	709
for its custody those public records that it considers to be of	710
continuing historical value.	711

Sec. 149.43.  (A) As used in this section:

712

(1) "Public record" means records kept by any public office,	713
including, but not limited to, state, county, city, village,	714
township, and school district units, and records pertaining to the	715
delivery of educational services by an alternative school in Ohio	716
this state kept by athe nonprofit or for profit entity operating	717
suchthe alternative school pursuant to section 3313.533 of the	718
Revised Code, and records kept by any governmental or	719
quasi-governmental entity that receives any governmental housing	720
subsidy or assistance, including, but not limited to, the names	721
and addresses of the owners of property involved in any housing	722
program operated by the entity. "Public record" does not mean any	723
of the following:	724

(a) Medical records;

725

(b) Records pertaining to probation and parole proceedings or	726
to proceedings related to the imposition of community control	727
sanctions and post-release control sanctions;	728

(c) Records pertaining to actions under section 2151.85 and	729
division (C) of section 2919.121 of the Revised Code and to	730
appeals of actions arising under those sections;	731

(d) Records pertaining to adoption proceedings, including the	732
contents of an adoption file maintained by the department of	733
health under section 3705.12 of the Revised Code;	734

(e) Information in a record contained in the putative father	735
registry established by section 3107.062 of the Revised Code,	736
regardless of whether the information is held by the department of	737
job and family services or, pursuant to section 3111.69 of the	738
Revised Code, the office of child support in the department or a	739
child support enforcement agency;	740

(f) Records listed in division (A) of section 3107.42 of the	741
Revised Code or specified in division (A) of section 3107.52 of	742
the Revised Code;	743

(g) Trial preparation records;

744

(h) Confidential law enforcement investigatory records;

745

(i) Records containing information that is confidential under	746
section 2710.03 or 4112.05 of the Revised Code;	747

(j) DNA records stored in the DNA database pursuant to	748
section 109.573 of the Revised Code;	749

(k) Inmate records released by the department of	750
rehabilitation and correction to the department of youth services	751
or a court of record pursuant to division (E) of section 5120.21	752
of the Revised Code;	753

(l) Records maintained by the department of youth services	754
pertaining to children in its custody released by the department	755
of youth services to the department of rehabilitation and	756
correction pursuant to section 5139.05 of the Revised Code;	757

(m) Intellectual property records;

758

(n) Donor profile records;

759

(o) Records maintained by the department of job and family	760
services pursuant to section 3121.894 of the Revised Code;	761

(p) Peace officer, firefighter, or EMT residential and	762
familial information;	763

(q) In the case of a county hospital operated pursuant to	764
Chapter 339. of the Revised Code or a municipal hospital operated	765
pursuant to Chapter 749. of the Revised Code, information that	766
constitutes a trade secret, as defined in section 1333.61 of the	767
Revised Code;	768

(r) Information pertaining to the recreational activities of	769
a person under the age of eighteen;	770

(s) Records provided to, statements made by review board	771
members during meetings of, and all work products of a child	772
fatality review board acting under sections 307.621 to 307.629 of	773
the Revised Code, other than the report prepared pursuant to	774
section 307.626 of the Revised Code;	775

(t) Records provided to and statements made by the executive	776
director of a public children services agency or a prosecuting	777
attorney acting pursuant to section 5153.171 of the Revised Code	778
other than the information released under that section;	779

(u) Test materials, examinations, or evaluation tools used in	780
an examination for licensure as a nursing home administrator that	781
the board of examiners of nursing home administrators administers	782
under section 4751.04 of the Revised Code or contracts under that	783
section with a private or government entity to administer;	784

(v) Records the release of which is prohibited by state or	785
federal law;	786

(w) Proprietary information of or relating to any person that	787
is submitted to or compiled by the Ohio venture capital authority	788
created under section 150.01 of the Revised Code;	789

(x) Information reported and evaluations conducted pursuant	790
to section 3701.072 of the Revised Code;	791

(y) Financial statements and data any person submits for any	792
purpose to the Ohio housing finance agency or the controlling	793
board in connection with applying for, receiving, or accounting	794
for financial assistance from the agency, and information that	795
identifies any individual who benefits directly or indirectly from	796
financial assistance from the agency.	797

(2) "Confidential law enforcement investigatory record" means	798
any record that pertains to a law enforcement matter of a	799
criminal, quasi-criminal, civil, or administrative nature, but	800
only to the extent that the release of the record would create a	801
high probability of disclosure of any of the following:	802

(a) The identity of a suspect who has not been charged with	803
the offense to which the record pertains, or of an information	804
source or witness to whom confidentiality has been reasonably	805
promised;	806

(b) Information provided by an information source or witness	807
to whom confidentiality has been reasonably promised, which	808
information would reasonably tend to disclose the source's or	809
witness's identity;	810

(c) Specific confidential investigatory techniques or	811
procedures or specific investigatory work product;	812

(d) Information that would endanger the life or physical	813
safety of law enforcement personnel, a crime victim, a witness, or	814
a confidential information source.	815

(3) "Medical record" means any document or combination of	816
documents, except births, deaths, and the fact of admission to or	817
discharge from a hospital, that pertains to the medical history,	818
diagnosis, prognosis, or medical condition of a patient and that	819
is generated and maintained in the process of medical treatment.	820

(4) "Trial preparation record" means any record that contains	821
information that is specifically compiled in reasonable	822
anticipation of, or in defense of, a civil or criminal action or	823
proceeding, including the independent thought processes and	824
personal trial preparation of an attorney.	825

(5) "Intellectual property record" means a record, other than	826
a financial or administrative record, that is produced or	827
collected by or for faculty or staff of a state institution of	828
higher learning in the conduct of or as a result of study or	829
research on an educational, commercial, scientific, artistic,	830
technical, or scholarly issue, regardless of whether the study or	831
research was sponsored by the institution alone or in conjunction	832
with a governmental body or private concern, and that has not been	833
publicly released, published, or patented.	834

(6) "Donor profile record" means all records about donors or	835
potential donors to a public institution of higher education	836
except the names and reported addresses of the actual donors and	837
the date, amount, and conditions of the actual donation.	838

(7) "Peace officer, firefighter, or EMT residential and	839
familial information" means either of the following:	840

(a) Any information maintained in a personnel record of a	841
peace officer, firefighter, or EMT that discloses any of the	842
following:	843

(i) The address of the actual personal residence of a peace	844
officer, firefighter, or EMT, except for the state or political	845
subdivision in which the peace officer, firefighter, or EMT	846
resides;	847

(ii) Information compiled from referral to or participation	848
in an employee assistance program;	849

(iii) The social security number, the residential telephone	850
number, any bank account, debit card, charge card, or credit card	851
number, or the emergency telephone number of, or any medical	852
information pertaining to, a peace officer, firefighter, or EMT;	853

(iv) The name of any beneficiary of employment benefits,	854
including, but not limited to, life insurance benefits, provided	855
to a peace officer, firefighter, or EMT by the peace officer's,	856
firefighter's, or EMT's employer;	857

(v) The identity and amount of any charitable or employment	858
benefit deduction made by the peace officer's, firefighter's, or	859
EMT's employer from the peace officer's, firefighter's, or EMT's	860
compensation unless the amount of the deduction is required by	861
state or federal law;	862

(vi) The name, the residential address, the name of the	863
employer, the address of the employer, the social security number,	864
the residential telephone number, any bank account, debit card,	865
charge card, or credit card number, or the emergency telephone	866
number of the spouse, a former spouse, or any child of a peace	867
officer, firefighter, or EMT.	868

(b) Any record that identifies a person's occupation as a	869
peace officer, firefighter, or EMT other than statements required	870
to include the disclosure of that fact under the campaign finance	871
law.	872

As used in divisions (A)(7) and (B)(5)(9) of this section,	873
"peace officer" has the same meaning as in section 109.71 of the	874
Revised Code and also includes the superintendent and troopers of	875
the state highway patrol; it does not include the sheriff of a	876
county or a supervisory employee who, in the absence of the	877
sheriff, is authorized to stand in for, exercise the authority of,	878
and perform the duties of the sheriff.	879

As used in divisions (A)(7) and (B)(5)(9) of this section,	880
"firefighter" means any regular, paid or volunteer, member of a	881
lawfully constituted fire department of a municipal corporation,	882
township, fire district, or village.	883

As used in divisions (A)(7) and (B)(5)(9) of this section,	884
"EMT" means EMTs-basic, EMTs-I, and paramedics that provide	885
emergency medical services for a public emergency medical service	886
organization. "Emergency medical service organization,"	887
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	888
section 4765.01 of the Revised Code.	889

(8) "Information pertaining to the recreational activities of	890
a person under the age of eighteen" means information that is kept	891
in the ordinary course of business by a public office, that	892
pertains to the recreational activities of a person under the age	893
of eighteen years, and that discloses any of the following:	894

(a) The address or telephone number of a person under the age	895
of eighteen or the address or telephone number of that person's	896
parent, guardian, custodian, or emergency contact person;	897

(b) The social security number, birth date, or photographic	898
image of a person under the age of eighteen;	899

(c) Any medical record, history, or information pertaining to	900
a person under the age of eighteen;	901

(d) Any additional information sought or required about a	902
person under the age of eighteen for the purpose of allowing that	903
person to participate in any recreational activity conducted or	904
sponsored by a public office or to use or obtain admission	905
privileges to any recreational facility owned or operated by a	906
public office.	907

(9) "Community control sanction" has the same meaning as in	908
section 2929.01 of the Revised Code.	909

(10) "Post-release control sanction" has the same meaning as	910
in section 2967.01 of the Revised Code.	911

(11) "Redaction" means obscuring or deleting any information	912
that is exempt from the duty to permit public inspection or	913
copying from an item that otherwise meets the definition of a	914
"record" in section 149.011 of the Revised Code.	915

(12) "Designee" and "elected official" have the same meanings	916
as in section 109.43 of the Revised Code.	917

(B)(1) SubjectUpon request and subject to division (B)(4)(8)	918
of this section, all public records responsive to the request	919
shall be promptly prepared and made available for inspection to	920
any person at all reasonable times during regular business hours.	921
Subject to division (B)(4)(8) of this section, upon request and	922
payment in advance of the cost of making copies of the requested	923
public record under this section, a public office or person	924
responsible for public records shall make copies available at	925
cost, within a reasonable period of time. In order to facilitate	926
broader access to public records, public offices shall maintain	927
public records in a manner that they can be made available for	928
inspection in accordance with this division.If a public record	929
contains information that is exempt from the duty to permit public	930
inspection or copying, the public office shall make available all	931
of the information within the public record that is not exempt.	932
When making that information available for public inspection or	933
copying, the public office shall notify the requester of any	934
redaction or make the redaction plainly visible. A redaction shall	935
be deemed a denial of a request to inspect or copy the redacted	936
information, except if federal or state law authorizes or requires	937
a public office to make the redaction.	938

(2) To facilitate broader access to public records, a public	939
office shall organize and maintain public records in a manner that	940
they can be made available for inspection or copying in accordance	941
with division (B) of this section. A public office also shall have	942
available a copy of its current records retention schedule at a	943
location readily available to the public. If a requester makes an	944
ambiguous request or has difficulty in making a request for copies	945
or inspection of public records under this section such that the	946
public office cannot reasonably identify what public records are	947
being requested, the public office may deny the request but shall	948
provide the requester with an opportunity to revise the request by	949
informing the requester of the manner in which records are	950
maintained by the public office and accessed in the ordinary	951
course of the public office's duties.	952

(3)(a) If a request is ultimately denied, in part or in	953
whole, the public office shall provide the requester with an	954
explanation, including legal authority, setting forth why the	955
request was denied. If the initial request was provided in	956
writing, the explanation also shall be provided to the requester	957
in writing. The explanation shall not preclude the public office	958
from relying upon additional reasons or legal authority in	959
defending an action commenced under division (C) of this section.	960

(b) If a request is ultimately denied, in part or in whole,	961
the public office may provide the requester information on how to	962
contact the office of the public access counselor established	963
under section 2743.31 of the Revised Code and the procedures for	964
filing an informal complaint or a formal complaint with the public	965
access counselor under section 2743.33 of the Revised Code.	966

(4) Unless specifically required by state or federal law or	967
in accordance with division (B) of this section, no public office	968
may limit or condition the availability of public records by	969
requiring disclosure of the requester's identity or the intended	970
use of the requested public record. Any such requirement	971
constitutes a denial of the request.	972

(5) A public office or person responsible for public records	973
may ask a requester to make the request in writing, may ask for	974
the requester's identity, and may inquire about the intended use	975
of the information requested, but may do so only after disclosing	976
to the requester that a written request is not mandatory and that	977
the requester may decline to reveal the requester's identity or	978
the intended use and when a written request or disclosure of the	979
identity or intended use would benefit the requester by enhancing	980
the ability of the public office or person responsible for public	981
records to identify, locate, or deliver the public records sought	982
by the requester.	983

(2)(6) If any person chooses to obtain a copy of a public	984
record in accordance with division (B)(1) of this section, the	985
public office or person responsible for the public record may	986
require that person to pay in advance the cost involved in	987
providing the copy of the public record in accordance with the	988
choice made by the person seeking the copy under this division.	989
The public office or the person responsible for the public record	990
shall permit that person to choose to have the public record	991
duplicated upon paper, upon the same medium upon which the public	992
office or person responsible for the public record keeps it, or	993
upon any other medium upon which the public office or person	994
responsible for the public record determines that it reasonably	995
can be duplicated as an integral part of the normal operations of	996
the public office or person responsible for the public record.	997
When the person seeking the copy makes a choice under this	998
division, the public office or person responsible for the public	999
record shall provide a copy of it in accordance with the choice	1000
made by the person seeking the copy.	1001

(3)(7) Upon a request made in accordance with division (B)(1)	1002
of this section and subject to division (B)(6) of this section, a	1003
public office or person responsible for public records shall	1004
transmit a copy of a public record to any person by United States	1005
mail or by any other means of delivery or transmission within a	1006
reasonable period of time after receiving the request for the	1007
copy. The public office or person responsible for the public	1008
record may require the person making the request to pay in advance	1009
the cost of postage, if the copy is transmitted by United States	1010
mail, and other supplies used in the mailing, delivery, or	1011
transmission.	1012

Any public office may adopt a policy and procedures that it	1013
will follow in transmitting, within a reasonable period of time	1014
after receiving a request, copies of public records by United	1015
States mail or by any other means of delivery or transmission	1016
pursuant to this division. A public office that adopts a policy	1017
and procedures under this division shall comply with them in	1018
performing its duties under this division.	1019

In any policy and procedures adopted under this division, a	1020
public office may limit the number of records requested by a	1021
person that the office will transmit by United States mail to ten	1022
per month, unless the person certifies to the office in writing	1023
that the person does not intend to use or forward the requested	1024
records, or the information contained in them, for commercial	1025
purposes. For purposes of this division, "commercial" shall be	1026
narrowly construed and does not include reporting or gathering	1027
news, reporting or gathering information to assist citizen	1028
oversight or understanding of the operation or activities of	1029
government, or nonprofit educational research.	1030

(4)(8) A public office or person responsible for public	1031
records is not required to permit a person who is incarcerated	1032
pursuant to a criminal conviction or a juvenile adjudication to	1033
inspect or to obtain a copy of any public record concerning a	1034
criminal investigation or prosecution or concerning what would be	1035
a criminal investigation or prosecution if the subject of the	1036
investigation or prosecution were an adult, unless the request to	1037
inspect or to obtain a copy of the record is for the purpose of	1038
acquiring information that is subject to release as a public	1039
record under this section and the judge who imposed the sentence	1040
or made the adjudication with respect to the person, or the	1041
judge's successor in office, finds that the information sought in	1042
the public record is necessary to support what appears to be a	1043
justiciable claim of the person.	1044

(5)(9) Upon written request made and signed by a journalist	1045
on or after December 16, 1999, a public office, or person	1046
responsible for public records, having custody of the records of	1047
the agency employing a specified peace officer, firefighter, or	1048
EMT shall disclose to the journalist the address of the actual	1049
personal residence of the peace officer, firefighter, or EMT and,	1050
if the peace officer's, firefighter's, or EMT's spouse, former	1051
spouse, or child is employed by a public office, the name and	1052
address of the employer of the peace officer's, firefighter's, or	1053
EMT's spouse, former spouse, or child. The request shall include	1054
the journalist's name and title and the name and address of the	1055
journalist's employer and shall state that disclosure of the	1056
information sought would be in the public interest.	1057

As used in this division (B)(5) of this section, "journalist"	1058
means a person engaged in, connected with, or employed by any news	1059
medium, including a newspaper, magazine, press association, news	1060
agency, or wire service, a radio or television station, or a	1061
similar medium, for the purpose of gathering, processing,	1062
transmitting, compiling, editing, or disseminating information for	1063
the general public.	1064

(C)(1) If a person allegedly is aggrieved by the failure of a	1065
public office to promptly prepare a public record and to make it	1066
available to the person for inspection in accordance with division	1067
(B) of this section, or if a person who has requested a copy of a	1068
public record allegedly is aggrieved by theany other failure of a	1069
public office or the person responsible for the public record to	1070
make a copy available to the person allegedly aggrievedto comply	1071
with an obligation in accordance with division (B) of this	1072
section, the person allegedly aggrieved may commencedo either of	1073
the following:	1074

(a) File either an informal complaint or a formal complaint	1075
with the public access counselor pursuant to section 2743.33 of	1076
the Revised Code;	1077

(b) Commence a mandamus action to obtain a judgment that	1078
orders the public office or the person responsible for the public	1079
record to comply with division (B) of this section and, that	1080
awards court costs and reasonable attorney's fees to the person	1081
that instituted the mandamus action, and, if applicable, that	1082
includes an order fixing statutory damages under division (C)(2)	1083
of this section. The mandamus action may be commenced in the court	1084
of common pleas of the county in which division (B) of this	1085
section allegedly was not complied with, in the supreme court	1086
pursuant to its original jurisdiction under Section 2 of Article	1087
IV, Ohio Constitution, or in the court of appeals for the	1088
appellate district in which division (B) of this section allegedly	1089
was not complied with pursuant to its original jurisdiction under	1090
Section 3 of Article IV, Ohio Constitution. A person that	1091
commences a mandamus action under division (C)(1) of this section	1092
may not file with respect to the same public record request that	1093
is the subject of the mandamus action an informal complaint or a	1094
formal complaint with the public access counselor under section	1095
2743.33 of the Revised Code.	1096

(2) If a person makes a written request to inspect or copy	1097
any public record in a manner that fairly describes the public	1098
record or class of public records requested, the person shall be	1099
entitled to recover the amount of statutory damages set forth in	1100
this division if a court determines both of the following:	1101

(a) The person filed either an informal complaint or a formal	1102
complaint with the public access counselor pursuant to section	1103
2743.33 of the Revised Code, regardless of whether or not the	1104
parties involved in the applicable complaint reached an agreement	1105
under that section and regardless of whether or not the public	1106
access counselor issued an advisory opinion under that section.	1107

(b) The public office or the person responsible for public	1108
records failed to comply with a person's request under division	1109
(B) of this section within ten business days after the person	1110
transmitted the request by hand delivery or certified mail to the	1111
public office or person responsible for the requested public	1112
records or within any additional period of time for compliance by	1113
the public office or person responsible for the public records	1114
exercising due diligence if that public office or person asserts	1115
in good faith a reasonable belief that the additional period for	1116
compliance is necessary due to any of the following:	1117

(i) The age of the requested public records;

1118

(ii) The volume of the requested public records if those	1119
records consist of more than one hundred pages;	1120

(iii) The need to examine the requested public records for	1121
any privileged information or any information that is exempt from	1122
inspection and copying under this section or any other section of	1123
the Revised Code;	1124

(iv) The need to make any redaction of any information in the	1125
requested public records;	1126

(v) The format of the requested public records being such	1127
that the records are no longer easily accessible.	1128

The amount of statutory damages shall be fixed at one hundred	1129
dollars for each business day during which the public office or	1130
person responsible for the requested public records failed to make	1131
one or more requested public records available, beginning with the	1132
day on which the requester files a mandamus action to recover	1133
statutory damages, up to a maximum of one thousand dollars. The	1134
statutory damages shall not be construed as penalties, but as	1135
compensation for injury arising from lost use of the requested	1136
information; the existence of this injury shall be conclusively	1137
presumed. The award of statutory damages shall be in addition to	1138
all other remedies authorized by this section.	1139

(3)(a) If the court renders a judgment that orders the public	1140
office or the person responsible for the public record to comply	1141
with division (B) of this section and determines that the	1142
circumstances described in divisions (C)(2)(a) and (b) of this	1143
section exist, the court shall determine and award to the relator	1144
all court costs.	1145

(b) If the court renders a judgment that orders the public	1146
office or the person responsible for the public record to comply	1147
with division (B) of this section, the relator filed a formal	1148
complaint with the public access counselor under section 2743.33	1149
of the Revised Code prior to filing the mandamus action, and the	1150
public access counselor issued an advisory opinion under that	1151
section declaring that the relator has the right to inspect or	1152
copy the public records that are the subject of the formal	1153
complaint, subject to division (C)(3)(c) of this section, the	1154
court shall determine and award to the relator reasonable	1155
attorney's fees subject to reduction as described in division	1156
(C)(3)(d) of this section.	1157

(c) If the court renders a judgment that orders the public	1158
office or the person responsible for the public record to comply	1159
with division (B) of this section, in addition to any other	1160
provisions in this section regarding an award of attorney's fees	1161
to the relator, the following apply:	1162

(i) The court shall determine and award to the relator	1163
reasonable attorney's fees, subject to reduction as described in	1164
division (C)(2)(d) of this section, if the public office or the	1165
person responsible for the public records did not respond	1166
affirmatively or negatively to the public records request within	1167
the applicable period of time described in division (C)(2)(a) of	1168
this section.	1169

(ii) The court shall determine and award to the relator	1170
reasonable attorney's fees, subject to reduction as described in	1171
division (C)(2)(d) of this section, if the public office or the	1172
person responsible for the public records promised to permit the	1173
relator to inspect or copy the public records requested within a	1174
specified period of time but failed to fulfill that promise within	1175
that specified period of time.	1176

(d) Court costs and reasonable attorney's fees awarded under	1177
this section shall be construed as remedial and not punitive.	1178
Reasonable attorney's fees shall include reasonable fees incurred	1179
to produce proof of the reasonableness and amount of the fees and	1180
to otherwise litigate entitlement to the fees. The court may	1181
reduce an award of attorney's fees to the relator or not award	1182
attorney's fees to the relator if the court determines both of the	1183
following:	1184

(i) That, based on the ordinary application of statutory law	1185
and case law as it existed at the time of the conduct or	1186
threatened conduct of the public office or person responsible for	1187
the requested public records that allegedly constitutes a failure	1188
to comply with an obligation in accordance with division (B) of	1189
this section and that was the basis of the mandamus action, a	1190
well-informed public office or person responsible for the	1191
requested public records reasonably would believe that the conduct	1192
or threatened conduct of the public office or person responsible	1193
for the requested public records did not constitute a failure to	1194
comply with an obligation in accordance with division (B) of this	1195
section;	1196

(ii) That a well-informed public office or person responsible	1197
for the requested public records reasonably would believe that the	1198
conduct or threatened conduct of the public office or person	1199
responsible for the requested public records as described in	1200
division (C)(3)(d)(i) of this section would serve the public	1201
policy that underlies the authority that is asserted as permitting	1202
that conduct or threatened conduct.	1203

(e) If the person who commences the mandamus action under	1204
division (C)(1) of this section did not file an informal complaint	1205
or a formal complaint with the public access counselor pursuant to	1206
section 2743.33 of the Revised Code before filing the action, the	1207
court shall not award to the person any statutory damages but	1208
shall award to the person court costs and may award to the person	1209
reasonable attorney's fees, subject to reduction as described in	1210
division (C)(3)(d) of this section.	1211

(D) Chapter 1347. of the Revised Code does not limit the	1212
provisions of this section.	1213

(E)(1) To ensure that all employees of public offices are	1214
appropriately educated about a public office's obligations under	1215
division (B) of this section, all elected officials or their	1216
appropriate designees shall attend training approved by the	1217
attorney general as provided in section 109.43 of the Revised	1218
Code. In addition, all public offices shall adopt a public records	1219
policy in compliance with this section for responding to public	1220
records requests. In adopting a public records policy under this	1221
division, a public office may obtain guidance from the model	1222
public records policy developed and provided to the public office	1223
by the attorney general under section 109.43 of the Revised Code.	1224
Except as otherwise provided in this section, the policy may not	1225
limit the number of public records that the public office will	1226
make available to a single person, may not limit the number of	1227
public records that it will make available during a fixed period	1228
of time, and may not establish a fixed period of time before it	1229
will respond to a request for inspection or copying of public	1230
records, unless that period is less than eight hours.	1231

(2) The public office shall distribute the public records	1232
policy adopted by the public office under division (E)(1) of this	1233
section to the employee of the public office who is the records	1234
custodian or records manager or otherwise has custody of the	1235
records of that office. The public office shall require that	1236
employee to acknowledge receipt of the copy of the public records	1237
policy. The public office shall create a poster that describes its	1238
public records policy and shall post the poster in a conspicuous	1239
place in the public office and in all locations where the public	1240
office has branch offices. The public office may post its public	1241
records policy on the internet web site of the public office if	1242
the public office maintains an internet web site. A public office	1243
that has established a manual or handbook of its general policies	1244
and procedures for all employees of the public office shall	1245
include the public records policy of the public office in the	1246
manual or handbook.	1247

(E)(F)(1) The bureau of motor vehicles may adopt rules	1248
pursuant to Chapter 119. of the Revised Code to reasonably limit	1249
the number of bulk commercial special extraction requests made by	1250
a person for the same records or for updated records during a	1251
calendar year. The rules may include provisions for charges to be	1252
made for bulk commercial special extraction requests for the	1253
actual cost of the bureau, plus special extraction costs, plus ten	1254
per cent. The bureau may charge for expenses for redacting	1255
information, the release of which is prohibited by law.	1256

(2) As used in divisions (B)(3) and (E)division (F)(1) of	1257
this section:	1258

(a) "Actual cost" means the cost of depleted supplies,	1259
records storage media costs, actual mailing and alternative	1260
delivery costs, or other transmitting costs, and any direct	1261
equipment operating and maintenance costs, including actual costs	1262
paid to private contractors for copying services.	1263

(b) "Bulk commercial special extraction request" means a	1264
request for copies of a record for information in a format other	1265
than the format already available, or information that cannot be	1266
extracted without examination of all items in a records series,	1267
class of records, or data base by a person who intends to use or	1268
forward the copies for surveys, marketing, solicitation, or resale	1269
for commercial purposes. "Bulk commercial special extraction	1270
request" does not include a request by a person who gives	1271
assurance to the bureau that the person making the request does	1272
not intend to use or forward the requested copies for surveys,	1273
marketing, solicitation, or resale for commercial purposes.	1274

(c) "Commercial" means profit-seeking production, buying, or	1275
selling of any good, service, or other product.	1276

(d) "Special extraction costs" means the cost of the time	1277
spent by the lowest paid employee competent to perform the task,	1278
the actual amount paid to outside private contractors employed by	1279
the bureau, or the actual cost incurred to create computer	1280
programs to make the special extraction. "Special extraction	1281
costs" include any charges paid to a public agency for computer or	1282
records services.	1283

(3) For purposes of divisions (E)(F)(1) and (2) of this	1284
section, "commercial surveys, marketing, solicitation, or resale	1285
for commercial purposes" shall be narrowly construed and does not	1286
include reporting or gathering news, reporting or gathering	1287
information to assist citizen oversight or understanding of the	1288
operation or activities of government, or nonprofit educational	1289
research.	1290

Sec. 2743.31.  (A) As used in this section and sections	1291
2743.32, 2743.33, and 2743.34 of the Revised Code:	1292

(1) "Counselor" means the public access counselor appointed	1293
under this section.	1294

(2) "Meeting" and "public body" have the same meanings as in	1295
section 121.22 of the Revised Code.	1296

(3) "Public access laws" means sections 121.22 and 149.43 of	1297
the Revised Code.	1298

(4) "Public entity" means a public body for purposes of	1299
matters concerning section 121.22 of the Revised Code or a public	1300
office for purposes of matters concerning section 149.43 of the	1301
Revised Code.	1302

(5) "Public office" has the same meaning as in section	1303
149.011 of the Revised Code.	1304

(6) "Public meeting" means a meeting that is open to the	1305
public under section 121.22 of the Revised Code.	1306

(7) "Public records" has the same meaning as in section	1307
149.43 of the Revised Code.	1308

(B) There is hereby established in the court of claims an	1309
office to be known as the office of the public access counselor.	1310
The office of the public access counselor shall be under the	1311
supervision of a public access counselor appointed by the chief	1312
justice of the supreme court. The public office counselor shall	1313
have been admitted to practice as an attorney at law in this state	1314
and shall be engaged in the practice of law in this state. The	1315
chief justice of the supreme court shall appoint the public access	1316
counselor for a term of four years. The chief justice may remove	1317
the public access counselor for cause. If a vacancy occurs in the	1318
office of public access counselor, the chief justice shall appoint	1319
a successor to serve the remainder of the unexpired term of the	1320
public access counselor. The successor appointed to fill a vacancy	1321
in the office of public access counselor shall have been admitted	1322
to practice as an attorney at law in this state and shall be	1323
engaged in the practice of law in this state.	1324

(C) The public access counselor shall not engage in any	1325
profession, occupation, practice, or business that may conflict	1326
with the duties of the public access counselor under section	1327
2743.32 or 2743.33 of the Revised Code.	1328

(D) The public access counselor may appoint any employees	1329
necessary to carry out the duties and functions of the office of	1330
the public access counselor.	1331

Sec. 2743.32.  (A) The public access counselor appointed	1332
under section 2743.31 of the Revised Code shall do all of the	1333
following:	1334

(1) Assist the attorney general in developing and providing	1335
training programs and seminars under section 109.43 of the Revised	1336
Code;	1337

(2) Receive any informal complaint filed by any person under	1338
section 2743.33 of the Revised Code alleging a public entity's	1339
denial of any of the person's rights under the public access laws	1340
and engage in dispute resolution to encourage the parties to the	1341
informal complaint to reach an agreement under that section;	1342

(3) Receive any formal complaint filed by any person under	1343
section 2743.33 of the Revised Code alleging a public entity's	1344
denial of any of the person's rights under the public access laws,	1345
investigate the allegations in the complaint, and issue an	1346
advisory opinion regarding any of the person's rights that are the	1347
subject of the formal complaint;	1348

(4) Make recommendations to the general assembly and to the	1349
supreme court concerning ways to improve public access to public	1350
records and to ensure public attendance at public meetings.	1351

(B) The counselor shall submit an annual report to the	1352
general assembly and to the supreme court not later than the	1353
thirtieth day of June of each year concerning the activities of	1354
the counselor during the immediately preceding calendar year in	1355
regard to divisions (B)(1) to (5) of this section. The report	1356
shall include all of the following information:	1357

(1) The total number of informal complaints and the total	1358
number of formal complaints received by the office of the public	1359
access counselor;	1360

(2) The number of informal complaints and the number of	1361
formal complaints received from the media and received from the	1362
public in general;	1363

(3) The total number of informal complaints that resulted in	1364
an agreement reached by the parties to the informal complaint and	1365
the total number of formal complaints that resulted in an	1366
agreement reached by the parties to the formal complaint;	1367

(4) The number of informal complaints and the number of	1368
formal complaints received in regard to the performance of duties	1369
by the applicable public entity under section 121.22 or 149.43 of	1370
the Revised Code by each of the following:	1371

(a) Public entities, other than political subdivisions or	1372
agencies of political subdivisions;	1373

(b) Offices and agencies of counties;

1374

(c) Offices and agencies of municipal corporations;

1375

(d) Offices and agencies of townships;

1376

(e) Boards of education;

1377

(f) Offices and agencies of other political subdivisions.

1378

(5) The total number of advisory opinions that were issued by	1379
the public access counselor.	1380

Sec. 2743.33. (A) No person is required to file an informal	1381
complaint or a formal complaint with the public access counselor	1382
under this section before filing an action in court under the	1383
public access laws. The procedures set forth in this section do	1384
not constitute an alternative remedy in the ordinary course of the	1385
law for purposes of seeking any judicial remedy authorized by any	1386
provision in the Revised Code or by any rule of court.	1387

(B) A public entity shall cooperate with the counselor in any	1388
proceeding under this section.	1389

(C)(1) Any of the following may file an informal complaint	1390
with the counselor pursuant to the procedures prescribed in	1391
division (F) of this section or may file a formal complaint with	1392
the counselor pursuant to the procedures prescribed in division	1393
(G) of this section:	1394

(a) Any person that alleges that the person's right to	1395
inspect or copy any public record under section 149.43 of the	1396
Revised Code has been denied in violation of that section;	1397

(b) Any person that alleges that any of the person's rights	1398
under section 121.22 of the Revised Code has been denied in	1399
violation of that section.	1400

(2)(a) No person described in division (C)(1)(a) of this	1401
section may file both an informal complaint and a formal complaint	1402
under this section alleging that the person's right to inspect or	1403
copy any public record under section 149.43 of the Revised Code	1404
has been denied in violation of that section if the allegations in	1405
the informal complaint and the allegations in the formal complaint	1406
are based on the same facts.	1407

(b) No person described in division (C)(1)(b) of this section	1408
may file both an informal complaint and a formal complaint under	1409
this section alleging that any of the person's rights under	1410
section 121.22 of the Revised Code has been denied in violation of	1411
that section if the allegations in the informal complaint and the	1412
allegations in the formal complaint are based on the same facts.	1413

(3) The counselor shall determine and prescribe the form of	1414
an informal complaint and the form of a formal complaint filed	1415
under this section.	1416

(D)(1) Any person described in division (C)(1)(a) of this	1417
section that chooses to file an informal complaint or a formal	1418
complaint with the counselor shall file the appropriate complaint	1419
not later than thirty days after the date of the alleged denial of	1420
the person's right to inspect or copy any public record under	1421
section 149.43 of the Revised Code. Any person described in	1422
division (C)(1)(b) of this section that chooses to file an	1423
informal complaint or a formal complaint with the counselor shall	1424
file the appropriate complaint not later than thirty days after	1425
the date of the alleged denial of any of the person's rights under	1426
section 121.22 of the Revised Code.	1427

(2) An informal complaint or a formal complaint is considered	1428
filed on the date the appropriate complaint is received by the	1429
counselor or on the date the appropriate mailed complaint is	1430
postmarked if the counselor receives that mailed complaint more	1431
than thirty days after the applicable date specified in division	1432
(D)(1) of this section.	1433

(E) Upon receiving an informal complaint or a formal	1434
complaint under division (D)(2) of this section, the counselor	1435
immediately shall forward a copy of the appropriate complaint to	1436
the public entity that is the subject of that complaint.	1437

(F)(1) Upon receiving an informal complaint under division	1438
(D)(2) of this section, the counselor shall engage in early	1439
intervention, mediation, conciliation, or any other form of	1440
dispute resolution or shall facilitate discussion between the	1441
parties involved in the informal complaint in order to encourage	1442
those parties to reach an agreement on the issues raised in the	1443
informal complaint as soon as practicable.	1444

(2) If the parties involved in the informal complaint reach	1445
an agreement regarding the issues raised in that complaint, the	1446
counselor shall require that the agreement be in writing and	1447
signed by both parties within seven days after the parties reach	1448
the agreement. The agreement is enforceable in a court. A court	1449
that determines that a party has violated the agreement shall	1450
order that party to pay the reasonable attorney's fees of the	1451
other party. If the informal complaint is based on an alleged	1452
denial by a public office of the complainant's right to inspect or	1453
copy any public record under section 149.43 of the Revised Code,	1454
if an agreement is reached under this division between the	1455
complainant and the public office involved in that informal	1456
complaint, and, if a court determines that that public office	1457
violated the agreement, the court shall order the public office to	1458
pay statutory damages to the complainant in the amount specified	1459
in division (C)(2) of section 149.43 of the Revised Code. If the	1460
informal complaint is based on an alleged denial by a public body	1461
of any of the complainant's rights under section 121.22 of the	1462
Revised Code, if an agreement is reached under this division	1463
between the complainant and the public body involved in that	1464
informal complaint, and if a court determines that that public	1465
body violated the agreement, the court shall order the public body	1466
to pay the civil forfeiture to the complainant in the amount	1467
specified in division (I)(2)(a) of section 121.22 of the Revised	1468
Code.	1469

(3) If any early intervention, mediation, conciliation, or	1470
other form of dispute resolution in which the counselor engages	1471
under division (F)(1) of this section or any discussion between	1472
the parties does not result in any agreement between the parties	1473
on the issues raised in the informal complaint within fourteen	1474
days after the date of the filing of the informal complaint, the	1475
complainant may bring an action in court pursuant to the	1476
applicable public access law.	1477

(G)(1) Upon receiving a formal complaint under division	1478
(D)(2) of this section, the counselor shall investigate the facts	1479
alleged in the formal complaint.	1480

(2)(a) Except as provided in division (G)(2)(b) of this	1481
section, if the parties involved in the formal complaint reach an	1482
agreement regarding the issues raised in that complaint either	1483
before or after an advisory opinion is issued under division	1484
(G)(3) of this section, the counselor shall require that the	1485
agreement be in writing and signed by both parties within seven	1486
days after the parties reach the agreement. The agreement is	1487
enforceable in a court. A court that determines that a party has	1488
violated the agreement shall order that party to pay the	1489
reasonable attorney's fees of the other party. If the formal	1490
complaint is based on an alleged denial by a public office of the	1491
complainant's right to inspect or copy any public record under	1492
section 149.43 of the Revised Code, if an agreement is reached	1493
under this division between the complainant and the public office	1494
involved in that formal complaint, and if a court determines that	1495
that public office violated the agreement, the court shall order	1496
the public office to pay statutory damages to the complainant in	1497
the amount specified in division (C)(2) of section 149.43 of the	1498
Revised Code. If the formal complaint is based on an alleged	1499
denial by a public body of any of the complainant's rights under	1500
section 121.22 of the Revised Code, if an agreement is reached	1501
under this division between the complainant and the public body	1502
involved in that formal complaint, and if a court determines that	1503
that public body violated the agreement, the court shall order the	1504
public body to pay the civil forfeiture to the complainant in the	1505
amount specified in division (I)(2)(a) of section 121.22 of the	1506
Revised Code.	1507

(b) Division (G)(2)(a) of this section does not apply if the	1508
counselor participated in or facilitated any discussion between	1509
the parties in reaching the agreement described in that division.	1510

(3)(a) Except as provided in division (G)(3)(b) of this	1511
section, the counselor shall issue an advisory opinion on the	1512
formal complaint not later than fourteen days after the complaint	1513
is filed.	1514

(b) If the counselor determines that a formal complaint has	1515
priority, the counselor shall issue an advisory opinion on the	1516
complaint not later than seven days after the complaint is filed.	1517

(4) The counselor shall adopt any necessary rules	1518
establishing criteria for formal complaints that have priority	1519
under this section or any other rules necessary to implement the	1520
provisions of this section.	1521

(5)(a) If the counselor issues an advisory opinion under	1522
division (G)(3) of this section that declares that the complainant	1523
has the right to inspect or copy the public records that are the	1524
subject of the formal complaint, unless the parties involved in	1525
the formal complaint reach an agreement under division (G)(2) of	1526
this section, the complainant may present the advisory opinion to	1527
the public office involved in the formal complaint and request the	1528
public office to make those records available for inspection or	1529
copying by the complainant pursuant to section 149.43 of the	1530
Revised Code. If the public office denies that request or fails to	1531
promptly comply with the request, the complainant may bring an	1532
action in court pursuant to that section.	1533

(b) If the counselor issues an advisory opinion under	1534
division (G)(3) of this section that declares that the complainant	1535
has that right under section 121.22 of the Revised Code that is	1536
the subject of the formal complaint, unless the parties involved	1537
in the formal complaint reach an agreement under division (G)(2)	1538
of this section, the complainant may present the advisory opinion	1539
to the public body involved in the formal complaint and request	1540
the public body to comply with section 121.22 of the Revised Code	1541
with respect to the complainant's right that is the subject of the	1542
formal complaint. If the public body does not comply with section	1543
121.22 of the Revised Code with respect to that right of the	1544
complainant, the complainant may bring an action in court pursuant	1545
to that section.	1546

(6) All advisory opinions issued by the counselor under	1547
division (G)(3) of this section shall state the date of issuance	1548
of the opinion, name the parties to the formal complaint,	1549
summarize the factual and legal issues involved, and set forth a	1550
reasoned rationale for the counselor's conclusion, including	1551
citation to legal authority supporting that conclusion. Advisory	1552
opinions issued by the counselor are public records under section	1553
149.43 of the Revised Code.	1554

(7) The office of the public access counselor may rely on	1555
past advisory opinions issued by the counselor under division	1556
(G)(3) of this section as precedent for that office. Advisory	1557
opinions issued by the counselor under that division do not bind	1558
any court in interpreting or applying section 121.22 or 149.43 of	1559
the Revised Code, and no court may presume that the existence of	1560
an advisory opinion issued by the counselor is evidence against or	1561
in favor of a reduction or denial of an award of reasonable	1562
attorney's fees to a litigant.	1563

Sec. 2743.34. (A) Any person who files an informal complaint	1564
or a formal complaint with the public access counselor under	1565
section 2743.33 of the Revised Code may withdraw the complaint at	1566
any time by notifying the counselor in writing of the withdrawal.	1567
Upon withdrawing the complaint, that person may bring an action in	1568
court as authorized by the applicable public access law based upon	1569
the same facts that are the subject matter of the complaint that	1570
was withdrawn.	1571

(B) Any informal complaint or any formal complaint filed with	1572
the public access counselor under section 2743.33 of the Revised	1573
Code does not toll the running of the period of limitations for	1574
bringing an action under section 121.22 or 149.43 of the Revised	1575
Code concerning the subject matter of the informal complaint or	1576
the subject matter of the formal complaint.	1577

Sec. 3319.321.  (A) No person shall release, or permit access	1578
to, the names or other personally identifiabledirectory	1579
information concerning any students attending a public school to	1580
any person or group for use in a profit-making plan or activity.	1581
Notwithstanding division (B)(4) of section 149.43 of the Revised	1582
Code, a person may require disclosure of the requestor's identity	1583
or the intended use of the directory information concerning any	1584
students attending a public school to ascertain whether the	1585
directory information is for use in a profit-making plan or	1586
activity.	1587

(B) No person shall release, or permit access to, personally	1588
identifiable information other than directory information	1589
concerning any student attending a public school, for purposes	1590
other than those identified in division (C), (E), (G), or (H) of	1591
this section, without the written consent of the parent, guardian,	1592
or custodian of each such student who is less than eighteen years	1593
of age, or without the written consent of each such student who is	1594
eighteen years of age or older.	1595

(1) For purposes of this section, "directory information"	1596
includes a student's name, address, telephone listing, date and	1597
place of birth, major field of study, participation in officially	1598
recognized activities and sports, weight and height of members of	1599
athletic teams, dates of attendance, date of graduation, and	1600
awards received.	1601

(2)(a) Except as provided in division (B)(2)(b) of this	1602
section, no school district board of education shall impose any	1603
restriction on the presentation of directory information that it	1604
has designated as subject to release in accordance with the	1605
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	1606
20 U.S.C. 1232q, as amended, to representatives of the armed	1607
forces, business, industry, charitable institutions, other	1608
employers, and institutions of higher education unless such	1609
restriction is uniformly imposed on each of these types of	1610
representatives, except that if a student eighteen years of age or	1611
older or a student's parent, guardian, or custodian has informed	1612
the board that any or all such information should not be released	1613
without such person's prior written consent, the board shall not	1614
release that information without such person's prior written	1615
consent.	1616

(b) The names and addresses of students in grades ten through	1617
twelve shall be released to a recruiting officer for any branch of	1618
the United States armed forces who requests such information,	1619
except that such data shall not be released if the student or	1620
student's parent, guardian, or custodian submits to the board a	1621
written request not to release such data. Any data received by a	1622
recruiting officer shall be used solely for the purpose of	1623
providing information to students regarding military service and	1624
shall not be released to any person other than individuals within	1625
the recruiting services of the armed forces.	1626

(3) Except for directory information and except as provided	1627
in division (E), (G), or (H) of this section, information covered	1628
by this section that is released shall only be transferred to a	1629
third or subsequent party on the condition that such party will	1630
not permit any other party to have access to such information	1631
without written consent of the parent, guardian, or custodian, or	1632
of the student who is eighteen years of age or older.	1633

(4) Except as otherwise provided in this section, any parent	1634
of a student may give the written parental consent required under	1635
this section. Where parents are separated or divorced, the written	1636
parental consent required under this section may be obtained from	1637
either parent, subject to any agreement between such parents or	1638
court order governing the rights of such parents. In the case of a	1639
student whose legal guardian is in an institution, a person	1640
independent of the institution who has no other conflicting	1641
interests in the case shall be appointed by the board of education	1642
of the school district in which the institution is located to give	1643
the written parental consent required under this section.	1644

(5)(a) A parent of a student who is not the student's	1645
residential parent, upon request, shall be permitted access to any	1646
records or information concerning the student under the same terms	1647
and conditions under which access to the records or information is	1648
available to the residential parent of that student, provided that	1649
the access of the parent who is not the residential parent is	1650
subject to any agreement between the parents, to division (F) of	1651
this section, and, to the extent described in division (B)(5)(b)	1652
of this section, is subject to any court order issued pursuant to	1653
section 3109.051 of the Revised Code and any other court order	1654
governing the rights of the parents.	1655

(b) If the residential parent of a student has presented the	1656
keeper of a record or information that is related to the student	1657
with a copy of an order issued under division (H)(1) of section	1658
3109.051 of the Revised Code that limits the terms and conditions	1659
under which the parent who is not the residential parent of the	1660
student is to have access to records and information pertaining to	1661
the student or with a copy of any other court order governing the	1662
rights of the parents that so limits those terms and conditions,	1663
and if the order pertains to the record or information in	1664
question, the keeper of the record or information shall provide	1665
access to the parent who is not the residential parent only to the	1666
extent authorized in the order. If the residential parent has	1667
presented the keeper of the record or information with such an	1668
order, the keeper of the record shall permit the parent who is not	1669
the residential parent to have access to the record or information	1670
only in accordance with the most recent such order that has been	1671
presented to the keeper by the residential parent or the parent	1672
who is not the residential parent.	1673

(C) Nothing in this section shall limit the administrative	1674
use of public school records by a person acting exclusively in the	1675
person's capacity as an employee of a board of education or of the	1676
state or any of its political subdivisions, any court, or the	1677
federal government, and nothing in this section shall prevent the	1678
transfer of a student's record to an educational institution for a	1679
legitimate educational purpose. However, except as provided in	1680
this section, public school records shall not be released or made	1681
available for any other purpose. Fingerprints, photographs, or	1682
records obtained pursuant to section 3313.96 or 3319.322 of the	1683
Revised Code, or pursuant to division (E) of this section, or any	1684
medical, psychological, guidance, counseling, or other information	1685
that is derived from the use of the fingerprints, photographs, or	1686
records, shall not be admissible as evidence against the minor who	1687
is the subject of the fingerprints, photographs, or records in any	1688
proceeding in any court. The provisions of this division regarding	1689
the administrative use of records by an employee of the state or	1690
any of its political subdivisions or of a court or the federal	1691
government shall be applicable only when the use of the	1692
information is required by a state statute adopted before November	1693
19, 1974, or by federal law.	1694

(D) A board of education may require, subject to division (E)	1695
of this section, a person seeking to obtain copies of public	1696
school records to pay the cost of reproduction and, in the case of	1697
data released under division (B)(2)(b) of this section, to pay for	1698
any mailing costs, which payment shall not exceed the actual cost	1699
to the school.	1700

(E) A principal or chief administrative officer of a public	1701
school, or any employee of a public school who is authorized to	1702
handle school records, shall provide access to a student's records	1703
to a law enforcement officer who indicates that the officer is	1704
conducting an investigation and that the student is or may be a	1705
missing child, as defined in section 2901.30 of the Revised Code.	1706
Free copies of information in the student's record shall be	1707
provided, upon request, to the law enforcement officer, if prior	1708
approval is given by the student's parent, guardian, or legal	1709
custodian. Information obtained by the officer shall be used	1710
solely in the investigation of the case. The information may be	1711
used by law enforcement agency personnel in any manner that is	1712
appropriate in solving the case, including, but not limited to,	1713
providing the information to other law enforcement officers and	1714
agencies and to the bureau of criminal identification and	1715
investigation for purposes of computer integration pursuant to	1716
section 2901.30 of the Revised Code.	1717

(F) No person shall release to a parent of a student who is	1718
not the student's residential parent or to any other person, or	1719
permit a parent of a student who is not the student's residential	1720
parent or permit any other person to have access to, any	1721
information about the location of any elementary or secondary	1722
school to which a student has transferred or information that	1723
would enable the parent who is not the student's residential	1724
parent or the other person to determine the location of that	1725
elementary or secondary school, if the elementary or secondary	1726
school to which the student has transferred and that requested the	1727
records of the student under section 3313.672 of the Revised Code	1728
informs the elementary or secondary school from which the	1729
student's records are obtained that the student is under the care	1730
of a shelter for victims of domestic violence, as defined in	1731
section 3113.33 of the Revised Code.	1732

(G) A principal or chief administrative officer of a public	1733
school, or any employee of a public school who is authorized to	1734
handle school records, shall comply with any order issued pursuant	1735
to division (D)(1) of section 2151.14 of the Revised Code, any	1736
request for records that is properly made pursuant to division	1737
(D)(3)(a) of section 2151.14 or division (A) of section 2151.141	1738
of the Revised Code, and any determination that is made by a court	1739
pursuant to division (D)(3)(b) of section 2151.14 or division	1740
(B)(1) of section 2151.141 of the Revised Code.	1741

(H) Notwithstanding any provision of this section, a	1742
principal of a public school, to the extent permitted by the	1743
"Family Educational Rights and Privacy Act of 1974," shall make	1744
the report required in section 3319.45 of the Revised Code that a	1745
pupil committed any violation listed in division (A) of section	1746
3313.662 of the Revised Code on property owned or controlled by,	1747
or at an activity held under the auspices of, the board of	1748
education, regardless of whether the pupil was sixteen years of	1749
age or older. The principal is not required to obtain the consent	1750
of the pupil who is the subject of the report or the consent of	1751
the pupil's parent, guardian, or custodian before making a report	1752
pursuant to section 3319.45 of the Revised Code.	1753

Sec. 4701.19. (A) All statements, records, schedules,	1754
working papers, and memoranda made by a certified public	1755
accountant or public accountant incident to or in the course of	1756
professional service to clients by the accountant, except reports	1757
submitted by a certified public accountant or public accountant to	1758
a client, shall be and remain the property of the accountant in	1759
the absence of an express agreement between the accountant and the	1760
client to the contrary. No statement, record, schedule, working	1761
paper, or memorandum of that nature shall be sold, transferred, or	1762
bequeathed without the consent of the client or the client's	1763
personal representative or assignee to any person other than one	1764
or more surviving partners or new partners of the accountant.	1765

(B) The statements, records, schedules, working papers, and	1766
memoranda made by a certified public accountant or public	1767
accountant incident to or in the course of performing an audit of	1768
a public office or private entity, except reports submitted by the	1769
accountant to the client, are not a public record. Statements,	1770
records, schedules, working papers, and memoranda that are so made	1771
in an audit by a certified public accountant or public accountant	1772
and that are in the possession of the auditor of state also are	1773
not a public record. As used in this division, "public record" has	1774
the same meaning as in section 149.43 of the Revised Code.	1775

Section 2. That existing sections 121.22, 149.011, 149.31,	1776
149.38, 149.39, 149.41, 149.42, 149.43, 3319.321, and 4701.19 of	1777
the Revised Code are hereby repealed.	1778

Section 3. Section 4701.19 of the Revised Code, as amended by	1779
this act, applies to audits described in that section that are	1780
commenced on or after the effective date of this act.	1781

Section 4.  Section 149.43 of the Revised Code is presented	1782
in this act as a composite of the section as amended by Am. Sub.	1783
H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of the 125th	1784
General Assembly. The General Assembly, applying the principle	1785
stated in division (B) of section 1.52 of the Revised Code that	1786
amendments are to be harmonized if reasonably capable of	1787
simultaneous operation, finds that the composite is the resulting	1788
version of the section in effect prior to the effective date of	1789
this act.	1790