As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 256

Representative Wagoner 

Cosponsors: Representatives Oelslager, Dyer, McGregor, J., Seitz, Bubp, McGregor, R., Combs, Fessler, Hite, Stebelton 

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A BILL

To amend sections 121.22 and 149.43 and to enact

1

sections 2743.31, 2743.32, 2743.33, and 2743.34 of

2

the Revised Code to establish the office of Public

3

Access Counselor in the Court of Claims to receive

4

complaints and issue advisory opinions concerning

5

the Public Records Law and Open Meetings Law.

6

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

Section 1. That sections 121.22 and 149.43 be amended and	7
sections 2743.31, 2743.32, 2743.33, and 2743.34 of the Revised	8
Code be enacted to read as follows:	9

Sec. 121.22.  (A) This section shall be liberally construed	10
to require public officials to take official action and to conduct	11
all deliberations upon official business only in open meetings	12
unless the subject matter is specifically excepted by law.	13

(B) As used in this section:

14

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

15

(a) Any board, commission, committee, council, or similar	16
decision-making body of a state agency, institution, or authority,	17
and any legislative authority or board, commission, committee,	18
council, agency, authority, or similar decision-making body of any	19
county, township, municipal corporation, school district, or other	20
political subdivision or local public institution;	21

(b) Any committee or subcommittee of a body described in	22
division (B)(1)(a) of this section;	23

(c) A court of jurisdiction of a sanitary district organized	24
wholly for the purpose of providing a water supply for domestic,	25
municipal, and public use when meeting for the purpose of the	26
appointment, removal, or reappointment of a member of the board of	27
directors of such a district pursuant to section 6115.10 of the	28
Revised Code, if applicable, or for any other matter related to	29
such a district other than litigation involving the district. As	30
used in division (B)(1)(c) of this section, "court of	31
jurisdiction" has the same meaning as "court" in section 6115.01	32
of the Revised Code.	33

(2) "Meeting" means any prearranged discussion of the public	34
business of the public body by a majority of its members.	35

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

36

(a) A student in a state or local public educational	37
institution;	38

(b) A person who is, voluntarily or involuntarily, an inmate,	39
patient, or resident of a state or local institution because of	40
criminal behavior, mental illness or retardation, disease,	41
disability, age, or other condition requiring custodial care.	42

(4) "Public office" has the same meaning as in section	43
149.011 of the Revised Code.	44

(C) All meetings of any public body are declared to be public	45
meetings open to the public at all times. A member of a public	46
body shall be present in person at a meeting open to the public to	47
be considered present or to vote at the meeting and for purposes	48
of determining whether a quorum is present at the meeting.	49

The minutes of a regular or special meeting of any public	50
body shall be promptly prepared, filed, and maintained and shall	51
be open to public inspection. The minutes need only reflect the	52
general subject matter of discussions in executive sessions	53
authorized under division (G) or (J) of this section.	54

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

55

(1) A grand jury;

56

(2) An audit conference conducted by the auditor of state or	57
independent certified public accountants with officials of the	58
public office that is the subject of the audit;	59

(3) The adult parole authority when its hearings are	60
conducted at a correctional institution for the sole purpose of	61
interviewing inmates to determine parole or pardon;	62

(4) The organized crime investigations commission established	63
under section 177.01 of the Revised Code;	64

(5) Meetings of a child fatality review board established	65
under section 307.621 of the Revised Code and meetings conducted	66
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	67

(6) The state medical board when determining whether to	68
suspend a certificate without a prior hearing pursuant to division	69
(G) of either section 4730.25 or 4731.22 of the Revised Code;	70

(7) The board of nursing when determining whether to suspend	71
a license or certificate without a prior hearing pursuant to	72
division (B) of section 4723.281 of the Revised Code;	73

(8) The state board of pharmacy when determining whether to	74
suspend a license without a prior hearing pursuant to division (D)	75
of section 4729.16 of the Revised Code;	76

(9) The state chiropractic board when determining whether to	77
suspend a license without a hearing pursuant to section 4734.37 of	78
the Revised Code.	79

(10) The executive committee of the emergency response	80
commission when determining whether to issue an enforcement order	81
or request that a civil action, civil penalty action, or criminal	82
action be brought to enforce Chapter 3750. of the Revised Code.	83

(E) The controlling board, the development financing advisory	84
council, the industrial technology and enterprise advisory	85
council, the tax credit authority, or the minority development	86
financing advisory board, when meeting to consider granting	87
assistance pursuant to Chapter 122. or 166. of the Revised Code,	88
in order to protect the interest of the applicant or the possible	89
investment of public funds, by unanimous vote of all board,	90
council, or authority members present, may close the meeting	91
during consideration of the following information confidentially	92
received by the authority, council, or board from the applicant:	93

(1) Marketing plans;

94

(2) Specific business strategy;

95

(3) Production techniques and trade secrets;

96

(4) Financial projections;

97

(5) Personal financial statements of the applicant or members	98
of the applicant's immediate family, including, but not limited	99
to, tax records or other similar information not open to public	100
inspection.	101

The vote by the authority, council, or board to accept or	102
reject the application, as well as all proceedings of the	103
authority, council, or board not subject to this division, shall	104
be open to the public and governed by this section.	105

(F) Every public body, by rule, shall establish a reasonable	106
method whereby any person may determine the time and place of all	107
regularly scheduled meetings and the time, place, and purpose of	108
all special meetings. A public body shall not hold a special	109
meeting unless it gives at least twenty-four hours' advance notice	110
to the news media that have requested notification, except in the	111
event of an emergency requiring immediate official action. In the	112
event of an emergency, the member or members calling the meeting	113
shall notify the news media that have requested notification	114
immediately of the time, place, and purpose of the meeting.	115

The rule shall provide that any person, upon request and	116
payment of a reasonable fee, may obtain reasonable advance	117
notification of all meetings at which any specific type of public	118
business is to be discussed. Provisions for advance notification	119
may include, but are not limited to, mailing the agenda of	120
meetings to all subscribers on a mailing list or mailing notices	121
in self-addressed, stamped envelopes provided by the person.	122

(G) Except as provided in division (J) of this section, the	123
members of a public body may hold an executive session only after	124
a majority of a quorum of the public body determines, by a roll	125
call vote, to hold an executive session and only at a regular or	126
special meeting for the sole purpose of the consideration of any	127
of the following matters:	128

(1) To consider the appointment, employment, dismissal,	129
discipline, promotion, demotion, or compensation of a public	130
employee or official, or the investigation of charges or	131
complaints against a public employee, official, licensee, or	132
regulated individual, unless the public employee, official,	133
licensee, or regulated individual requests a public hearing.	134
Except as otherwise provided by law, no public body shall hold an	135
executive session for the discipline of an elected official for	136
conduct related to the performance of the elected official's	137
official duties or for the elected official's removal from office.	138
If a public body holds an executive session pursuant to division	139
(G)(1) of this section, the motion and vote to hold that executive	140
session shall state which one or more of the approved purposes	141
listed in division (G)(1) of this section are the purposes for	142
which the executive session is to be held, but need not include	143
the name of any person to be considered at the meeting.	144

(2) To consider the purchase of property for public purposes,	145
or for the sale of property at competitive bidding, if premature	146
disclosure of information would give an unfair competitive or	147
bargaining advantage to a person whose personal, private interest	148
is adverse to the general public interest. No member of a public	149
body shall use division (G)(2) of this section as a subterfuge for	150
providing covert information to prospective buyers or sellers. A	151
purchase or sale of public property is void if the seller or buyer	152
of the public property has received covert information from a	153
member of a public body that has not been disclosed to the general	154
public in sufficient time for other prospective buyers and sellers	155
to prepare and submit offers.	156

If the minutes of the public body show that all meetings and	157
deliberations of the public body have been conducted in compliance	158
with this section, any instrument executed by the public body	159
purporting to convey, lease, or otherwise dispose of any right,	160
title, or interest in any public property shall be conclusively	161
presumed to have been executed in compliance with this section	162
insofar as title or other interest of any bona fide purchasers,	163
lessees, or transferees of the property is concerned.	164

(3) Conferences with an attorney for the public body	165
concerning disputes involving the public body that are the subject	166
of pending or imminent court action;	167

(4) Preparing for, conducting, or reviewing negotiations or	168
bargaining sessions with public employees concerning their	169
compensation or other terms and conditions of their employment;	170

(5) Matters required to be kept confidential by federal law	171
or regulations or state statutes;	172

(6) Details relative to the security arrangements and	173
emergency response protocols for a public body or a public office,	174
if disclosure of the matters discussed could reasonably be	175
expected to jeopardize the security of the public body or public	176
office;	177

(7) In the case of a county hospital operated pursuant to	178
Chapter 339. of the Revised Code or a municipal hospital operated	179
pursuant to Chapter 749. of the Revised Code, to consider trade	180
secrets, as defined in section 1333.61 of the Revised Code.	181

If a public body holds an executive session to consider any	182
of the matters listed in divisions (G)(2) to (7) of this section,	183
the motion and vote to hold that executive session shall state	184
which one or more of the approved matters listed in those	185
divisions are to be considered at the executive session.	186

A public body specified in division (B)(1)(c) of this section	187
shall not hold an executive session when meeting for the purposes	188
specified in that division.	189

(H) A resolution, rule, or formal action of any kind is	190
invalid unless adopted in an open meeting of the public body. A	191
resolution, rule, or formal action adopted in an open meeting that	192
results from deliberations in a meeting not open to the public is	193
invalid unless the deliberations were for a purpose specifically	194
authorized in division (G) or (J) of this section and conducted at	195
an executive session held in compliance with this section. A	196
resolution, rule, or formal action adopted in an open meeting is	197
invalid if the public body that adopted the resolution, rule, or	198
formal action violated division (F) of this section.	199

(I)(1) Any person may bring an action to enforce this	200
section. An action under division (I)(1) of this section shall be	201
brought within two years after the date of the alleged violation	202
or threatened violation. Upon proof of a violation or threatened	203
violation of this section in an action brought by any person, the	204
court of common pleas shall issue an injunction to compel the	205
members of the public body to comply with its provisions.	206

(2)(a) If the court of common pleas issues an injunction	207
pursuant to division (I)(1) of this section, the court shall order	208
the public body that it enjoins to pay a civil forfeiture of five	209
hundred dollars to the party that sought the injunction and shall	210
award to that party all court costs and, subject to reduction as	211
described in division (I)(2) of this section, reasonable	212
attorney's fees. The court, in its discretion, may reduce an award	213
of attorney's fees to the party that sought the injunction or not	214
award attorney's fees to that party if the court determines both	215
of the following:	216

(i) That, based on the ordinary application of statutory law	217
and case law as it existed at the time of violation or threatened	218
violation that was the basis of the injunction, a well-informed	219
public body reasonably would believe that the public body was not	220
violating or threatening to violate this section;	221

(ii) That a well-informed public body reasonably would	222
believe that the conduct or threatened conduct that was the basis	223
of the injunction would serve the public policy that underlies the	224
authority that is asserted as permitting that conduct or	225
threatened conduct.	226

(b) If the court of common pleas does not issue an injunction	227
pursuant to division (I)(1) of this section and the court	228
determines at that time that the bringing of the action was	229
frivolous conduct, as defined in division (A) of section 2323.51	230
of the Revised Code, the court shall award to the public body all	231
court costs and reasonable attorney's fees, as determined by the	232
court.	233

(3) Irreparable harm and prejudice to the party that sought	234
the injunction shall be conclusively and irrebuttably presumed	235
upon proof of a violation or threatened violation of this section.	236

(4) A member of a public body who knowingly violates an	237
injunction issued pursuant to division (I)(1) of this section may	238
be removed from office by an action brought in the court of common	239
pleas for that purpose by the prosecuting attorney or the attorney	240
general.	241

(J)(1) Pursuant to division (C) of section 5901.09 of the	242
Revised Code, a veterans service commission shall hold an	243
executive session for one or more of the following purposes unless	244
an applicant requests a public hearing:	245

(a) Interviewing an applicant for financial assistance under	246
sections 5901.01 to 5901.15 of the Revised Code;	247

(b) Discussing applications, statements, and other documents	248
described in division (B) of section 5901.09 of the Revised Code;	249

(c) Reviewing matters relating to an applicant's request for	250
financial assistance under sections 5901.01 to 5901.15 of the	251
Revised Code.	252

(2) A veterans service commission shall not exclude an	253
applicant for, recipient of, or former recipient of financial	254
assistance under sections 5901.01 to 5901.15 of the Revised Code,	255
and shall not exclude representatives selected by the applicant,	256
recipient, or former recipient, from a meeting that the commission	257
conducts as an executive session that pertains to the applicant's,	258
recipient's, or former recipient's application for financial	259
assistance.	260

(3) A veterans service commission shall vote on the grant or	261
denial of financial assistance under sections 5901.01 to 5901.15	262
of the Revised Code only in an open meeting of the commission. The	263
minutes of the meeting shall indicate the name, address, and	264
occupation of the applicant, whether the assistance was granted or	265
denied, the amount of the assistance if assistance is granted, and	266
the votes for and against the granting of assistance.	267

(K) Any person that is denied any of the person's rights	268
under this section may file an informal complaint or a formal	269
complaint with the public access counselor under section 2743.33	270
of the Revised Code.	271

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

272

(1) "Public record" means records kept by any public office,	273
including, but not limited to, state, county, city, village,	274
township, and school district units, and records pertaining to the	275
delivery of educational services by an alternative school in this	276
state kept by the nonprofit or for-profit entity operating the	277
alternative school pursuant to section 3313.533 of the Revised	278
Code. "Public record" does not mean any of the following:	279

(a) Medical records;

280

(b) Records pertaining to probation and parole proceedings or	281
to proceedings related to the imposition of community control	282
sanctions and post-release control sanctions;	283

(c) Records pertaining to actions under section 2151.85 and	284
division (C) of section 2919.121 of the Revised Code and to	285
appeals of actions arising under those sections;	286

(d) Records pertaining to adoption proceedings, including the	287
contents of an adoption file maintained by the department of	288
health under section 3705.12 of the Revised Code;	289

(e) Information in a record contained in the putative father	290
registry established by section 3107.062 of the Revised Code,	291
regardless of whether the information is held by the department of	292
job and family services or, pursuant to section 3111.69 of the	293
Revised Code, the office of child support in the department or a	294
child support enforcement agency;	295

(f) Records listed in division (A) of section 3107.42 of the	296
Revised Code or specified in division (A) of section 3107.52 of	297
the Revised Code;	298

(g) Trial preparation records;

299

(h) Confidential law enforcement investigatory records;

300

(i) Records containing information that is confidential under	301
section 2710.03 or 4112.05 of the Revised Code;	302

(j) DNA records stored in the DNA database pursuant to	303
section 109.573 of the Revised Code;	304

(k) Inmate records released by the department of	305
rehabilitation and correction to the department of youth services	306
or a court of record pursuant to division (E) of section 5120.21	307
of the Revised Code;	308

(l) Records maintained by the department of youth services	309
pertaining to children in its custody released by the department	310
of youth services to the department of rehabilitation and	311
correction pursuant to section 5139.05 of the Revised Code;	312

(m) Intellectual property records;

313

(n) Donor profile records;

314

(o) Records maintained by the department of job and family	315
services pursuant to section 3121.894 of the Revised Code;	316

(p) Peace officer, parole officer, prosecuting attorney,	317
assistant prosecuting attorney, correctional employee, youth	318
services employee, firefighter, or EMT residential and familial	319
information;	320

(q) In the case of a county hospital operated pursuant to	321
Chapter 339. of the Revised Code or a municipal hospital operated	322
pursuant to Chapter 749. of the Revised Code, information that	323
constitutes a trade secret, as defined in section 1333.61 of the	324
Revised Code;	325

(r) Information pertaining to the recreational activities of	326
a person under the age of eighteen;	327

(s) Records provided to, statements made by review board	328
members during meetings of, and all work products of a child	329
fatality review board acting under sections 307.621 to 307.629 of	330
the Revised Code, other than the report prepared pursuant to	331
section 307.626 of the Revised Code;	332

(t) Records provided to and statements made by the executive	333
director of a public children services agency or a prosecuting	334
attorney acting pursuant to section 5153.171 of the Revised Code	335
other than the information released under that section;	336

(u) Test materials, examinations, or evaluation tools used in	337
an examination for licensure as a nursing home administrator that	338
the board of examiners of nursing home administrators administers	339
under section 4751.04 of the Revised Code or contracts under that	340
section with a private or government entity to administer;	341

(v) Records the release of which is prohibited by state or	342
federal law;	343

(w) Proprietary information of or relating to any person that	344
is submitted to or compiled by the Ohio venture capital authority	345
created under section 150.01 of the Revised Code;	346

(x) Information reported and evaluations conducted pursuant	347
to section 3701.072 of the Revised Code;	348

(y) Financial statements and data any person submits for any	349
purpose to the Ohio housing finance agency or the controlling	350
board in connection with applying for, receiving, or accounting	351
for financial assistance from the agency, and information that	352
identifies any individual who benefits directly or indirectly from	353
financial assistance from the agency.	354

(2) "Confidential law enforcement investigatory record" means	355
any record that pertains to a law enforcement matter of a	356
criminal, quasi-criminal, civil, or administrative nature, but	357
only to the extent that the release of the record would create a	358
high probability of disclosure of any of the following:	359

(a) The identity of a suspect who has not been charged with	360
the offense to which the record pertains, or of an information	361
source or witness to whom confidentiality has been reasonably	362
promised;	363

(b) Information provided by an information source or witness	364
to whom confidentiality has been reasonably promised, which	365
information would reasonably tend to disclose the source's or	366
witness's identity;	367

(c) Specific confidential investigatory techniques or	368
procedures or specific investigatory work product;	369

(d) Information that would endanger the life or physical	370
safety of law enforcement personnel, a crime victim, a witness, or	371
a confidential information source.	372

(3) "Medical record" means any document or combination of	373
documents, except births, deaths, and the fact of admission to or	374
discharge from a hospital, that pertains to the medical history,	375
diagnosis, prognosis, or medical condition of a patient and that	376
is generated and maintained in the process of medical treatment.	377

(4) "Trial preparation record" means any record that contains	378
information that is specifically compiled in reasonable	379
anticipation of, or in defense of, a civil or criminal action or	380
proceeding, including the independent thought processes and	381
personal trial preparation of an attorney.	382

(5) "Intellectual property record" means a record, other than	383
a financial or administrative record, that is produced or	384
collected by or for faculty or staff of a state institution of	385
higher learning in the conduct of or as a result of study or	386
research on an educational, commercial, scientific, artistic,	387
technical, or scholarly issue, regardless of whether the study or	388
research was sponsored by the institution alone or in conjunction	389
with a governmental body or private concern, and that has not been	390
publicly released, published, or patented.	391

(6) "Donor profile record" means all records about donors or	392
potential donors to a public institution of higher education	393
except the names and reported addresses of the actual donors and	394
the date, amount, and conditions of the actual donation.	395

(7) "Peace officer, parole officer, prosecuting attorney,	396
assistant prosecuting attorney, correctional employee, youth	397
services employee, firefighter, or EMT residential and familial	398
information" means any information that discloses any of the	399
following about a peace officer, parole officer, prosecuting	400
attorney, assistant prosecuting attorney, correctional employee,	401
youth services employee, firefighter, or EMT:	402

(a) The address of the actual personal residence of a peace	403
officer, parole officer, assistant prosecuting attorney,	404
correctional employee, youth services employee, firefighter, or	405
EMT, except for the state or political subdivision in which the	406
peace officer, parole officer, assistant prosecuting attorney,	407
correctional employee, youth services employee, firefighter, or	408
EMT resides;	409

(b) Information compiled from referral to or participation in	410
an employee assistance program;	411

(c) The social security number, the residential telephone	412
number, any bank account, debit card, charge card, or credit card	413
number, or the emergency telephone number of, or any medical	414
information pertaining to, a peace officer, parole officer,	415
prosecuting attorney, assistant prosecuting attorney, correctional	416
employee, youth services employee, firefighter, or EMT;	417

(d) The name of any beneficiary of employment benefits,	418
including, but not limited to, life insurance benefits, provided	419
to a peace officer, parole officer, prosecuting attorney,	420
assistant prosecuting attorney, correctional employee, youth	421
services employee, firefighter, or EMT by the peace officer's,	422
parole officer's, prosecuting attorney's, assistant prosecuting	423
attorney's, correctional employee's, youth services employee's,	424
firefighter's, or EMT's employer;	425

(e) The identity and amount of any charitable or employment	426
benefit deduction made by the peace officer's, parole officer's,	427
prosecuting attorney's, assistant prosecuting attorney's,	428
correctional employee's, youth services employee's, firefighter's,	429
or EMT's employer from the peace officer's, parole officer's,	430
prosecuting attorney's, assistant prosecuting attorney's,	431
correctional employee's, youth services employee's, firefighter's,	432
or EMT's compensation unless the amount of the deduction is	433
required by state or federal law;	434

(f) The name, the residential address, the name of the	435
employer, the address of the employer, the social security number,	436
the residential telephone number, any bank account, debit card,	437
charge card, or credit card number, or the emergency telephone	438
number of the spouse, a former spouse, or any child of a peace	439
officer, parole officer, prosecuting attorney, assistant	440
prosecuting attorney, correctional employee, youth services	441
employee, firefighter, or EMT;	442

(g) A photograph of a peace officer who holds a position or	443
has an assignment that may include undercover or plain clothes	444
positions or assignments as determined by the peace officer's	445
appointing authority.	446

As used in divisions (A)(7) and (B)(9) of this section,	447
"peace officer" has the same meaning as in section 109.71 of the	448
Revised Code and also includes the superintendent and troopers of	449
the state highway patrol; it does not include the sheriff of a	450
county or a supervisory employee who, in the absence of the	451
sheriff, is authorized to stand in for, exercise the authority of,	452
and perform the duties of the sheriff.	453

As used in divisions (A)(7) and (B)(5)(9) of this section,	454
"correctional employee" means any employee of the department of	455
rehabilitation and correction who in the course of performing the	456
employee's job duties has or has had contact with inmates and	457
persons under supervision.	458

As used in divisions (A)(7) and (B)(5)(9) of this section,	459
"youth services employee" means any employee of the department of	460
youth services who in the course of performing the employee's job	461
duties has or has had contact with children committed to the	462
custody of the department of youth services.	463

As used in divisions (A)(7) and (B)(9) of this section,	464
"firefighter" means any regular, paid or volunteer, member of a	465
lawfully constituted fire department of a municipal corporation,	466
township, fire district, or village.	467

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	468
means EMTs-basic, EMTs-I, and paramedics that provide emergency	469
medical services for a public emergency medical service	470
organization. "Emergency medical service organization,"	471
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	472
section 4765.01 of the Revised Code.	473

(8) "Information pertaining to the recreational activities of	474
a person under the age of eighteen" means information that is kept	475
in the ordinary course of business by a public office, that	476
pertains to the recreational activities of a person under the age	477
of eighteen years, and that discloses any of the following:	478

(a) The address or telephone number of a person under the age	479
of eighteen or the address or telephone number of that person's	480
parent, guardian, custodian, or emergency contact person;	481

(b) The social security number, birth date, or photographic	482
image of a person under the age of eighteen;	483

(c) Any medical record, history, or information pertaining to	484
a person under the age of eighteen;	485

(d) Any additional information sought or required about a	486
person under the age of eighteen for the purpose of allowing that	487
person to participate in any recreational activity conducted or	488
sponsored by a public office or to use or obtain admission	489
privileges to any recreational facility owned or operated by a	490
public office.	491

(9) "Community control sanction" has the same meaning as in	492
section 2929.01 of the Revised Code.	493

(10) "Post-release control sanction" has the same meaning as	494
in section 2967.01 of the Revised Code.	495

(11) "Redaction" means obscuring or deleting any information	496
that is exempt from the duty to permit public inspection or	497
copying from an item that otherwise meets the definition of a	498
"record" in section 149.011 of the Revised Code.	499

(12) "Designee" and "elected official" have the same meanings	500
as in section 109.43 of the Revised Code.	501

(B)(1) Upon request and subject to division (B)(8) of this	502
section, all public records responsive to the request shall be	503
promptly prepared and made available for inspection to any person	504
at all reasonable times during regular business hours. Subject to	505
division (B)(8) of this section, upon request, a public office or	506
person responsible for public records shall make copies of the	507
requested public record available at cost and within a reasonable	508
period of time. If a public record contains information that is	509
exempt from the duty to permit public inspection or to copy the	510
public record, the public office or the person responsible for the	511
public record shall make available all of the information within	512
the public record that is not exempt. When making that public	513
record available for public inspection or copying that public	514
record, the public office or the person responsible for the public	515
record shall notify the requester of any redaction or make the	516
redaction plainly visible. A redaction shall be deemed a denial of	517
a request to inspect or copy the redacted information, except if	518
federal or state law authorizes or requires a public office to	519
make the redaction.	520

(2) To facilitate broader access to public records, a public	521
office or the person responsible for public records shall organize	522
and maintain public records in a manner that they can be made	523
available for inspection or copying in accordance with division	524
(B) of this section. A public office also shall have available a	525
copy of its current records retention schedule at a location	526
readily available to the public. If a requester makes an ambiguous	527
or overly broad request or has difficulty in making a request for	528
copies or inspection of public records under this section such	529
that the public office or the person responsible for the requested	530
public record cannot reasonably identify what public records are	531
being requested, the public office or the person responsible for	532
the requested public record may deny the request but shall provide	533
the requester with an opportunity to revise the request by	534
informing the requester of the manner in which records are	535
maintained by the public office and accessed in the ordinary	536
course of the public office's or person's duties.	537

(3)(a) If a request is ultimately denied, in part or in	538
whole, the public office or the person responsible for the	539
requested public record shall provide the requester with an	540
explanation, including legal authority, setting forth why the	541
request was denied. If the initial request was provided in	542
writing, the explanation also shall be provided to the requester	543
in writing. The explanation shall not preclude the public office	544
or the person responsible for the requested public record from	545
relying upon additional reasons or legal authority in defending an	546
action commenced under division (C) of this section.	547

(b) If a request is ultimately denied, in part or in whole,	548
the public office may provide the requester information on how to	549
contact the office of the public access counselor established	550
under section 2743.31 of the Revised Code and the procedures for	551
filing an informal complaint or a formal complaint with the public	552
access counselor under section 2743.33 of the Revised Code.	553

(4) Unless specifically required or authorized by state or	554
federal law or in accordance with division (B) of this section, no	555
public office or person responsible for public records may limit	556
or condition the availability of public records by requiring	557
disclosure of the requester's identity or the intended use of the	558
requested public record. Any requirement that the requester	559
disclose the requestor'srequester's identity or the intended use	560
of the requested public record constitutes a denial of the	561
request.	562

(5) A public office or person responsible for public records	563
may ask a requester to make the request in writing, may ask for	564
the requester's identity, and may inquire about the intended use	565
of the information requested, but may do so only after disclosing	566
to the requester that a written request is not mandatory and that	567
the requester may decline to reveal the requester's identity or	568
the intended use and when a written request or disclosure of the	569
identity or intended use would benefit the requester by enhancing	570
the ability of the public office or person responsible for public	571
records to identify, locate, or deliver the public records sought	572
by the requester.	573

(6) If any person chooses to obtain a copy of a public record	574
in accordance with division (B) of this section, the public office	575
or person responsible for the public record may require that	576
person to pay in advance the cost involved in providing the copy	577
of the public record in accordance with the choice made by the	578
person seeking the copy under this division. The public office or	579
the person responsible for the public record shall permit that	580
person to choose to have the public record duplicated upon paper,	581
upon the same medium upon which the public office or person	582
responsible for the public record keeps it, or upon any other	583
medium upon which the public office or person responsible for the	584
public record determines that it reasonably can be duplicated as	585
an integral part of the normal operations of the public office or	586
person responsible for the public record. When the person seeking	587
the copy makes a choice under this division, the public office or	588
person responsible for the public record shall provide a copy of	589
it in accordance with the choice made by the person seeking the	590
copy. Nothing in this section requires a public office or person	591
responsible for the public record to allow the person seeking a	592
copy of the public record to make the copies of the public record.	593

(7) Upon a request made in accordance with division (B) of	594
this section and subject to division (B)(6) of this section, a	595
public office or person responsible for public records shall	596
transmit a copy of a public record to any person by United States	597
mail or by any other means of delivery or transmission within a	598
reasonable period of time after receiving the request for the	599
copy. The public office or person responsible for the public	600
record may require the person making the request to pay in advance	601
the cost of postage if the copy is transmitted by United States	602
mail or the cost of delivery if the copy is transmitted other than	603
by United States mail, and to pay in advance the costs incurred	604
for other supplies used in the mailing, delivery, or transmission.	605

Any public office may adopt a policy and procedures that it	606
will follow in transmitting, within a reasonable period of time	607
after receiving a request, copies of public records by United	608
States mail or by any other means of delivery or transmission	609
pursuant to this division. A public office that adopts a policy	610
and procedures under this division shall comply with them in	611
performing its duties under this division.	612

In any policy and procedures adopted under this division, a	613
public office may limit the number of records requested by a	614
person that the office will transmit by United States mail to ten	615
per month, unless the person certifies to the office in writing	616
that the person does not intend to use or forward the requested	617
records, or the information contained in them, for commercial	618
purposes. For purposes of this division, "commercial" shall be	619
narrowly construed and does not include reporting or gathering	620
news, reporting or gathering information to assist citizen	621
oversight or understanding of the operation or activities of	622
government, or nonprofit educational research.	623

(8) A public office or person responsible for public records	624
is not required to permit a person who is incarcerated pursuant to	625
a criminal conviction or a juvenile adjudication to inspect or to	626
obtain a copy of any public record concerning a criminal	627
investigation or prosecution or concerning what would be a	628
criminal investigation or prosecution if the subject of the	629
investigation or prosecution were an adult, unless the request to	630
inspect or to obtain a copy of the record is for the purpose of	631
acquiring information that is subject to release as a public	632
record under this section and the judge who imposed the sentence	633
or made the adjudication with respect to the person, or the	634
judge's successor in office, finds that the information sought in	635
the public record is necessary to support what appears to be a	636
justiciable claim of the person.	637

(9) Upon written request made and signed by a journalist on	638
or after December 16, 1999, a public office, or person responsible	639
for public records, having custody of the records of the agency	640
employing a specified peace officer, parole officer, prosecuting	641
attorney, assistant prosecuting attorney, correctional employee,	642
youth services employee, firefighter, or EMT shall disclose to the	643
journalist the address of the actual personal residence of the	644
peace officer, parole officer, prosecuting attorney, assistant	645
prosecuting attorney, correctional employee, youth services	646
employee, firefighter, or EMT and, if the peace officer's, parole	647
officer's, prosecuting attorney's, assistant prosecuting	648
attorney's, correctional employee's, youth services employee's,	649
firefighter's, or EMT's spouse, former spouse, or child is	650
employed by a public office, the name and address of the employer	651
of the peace officer's, parole officer's, prosecuting attorney's,	652
assistant prosecuting attorney's, correctional employee's, youth	653
services employee's, firefighter's, or EMT's spouse, former	654
spouse, or child. The request shall include the journalist's name	655
and title and the name and address of the journalist's employer	656
and shall state that disclosure of the information sought would be	657
in the public interest.	658

As used in this division, "journalist" means a person engaged	659
in, connected with, or employed by any news medium, including a	660
newspaper, magazine, press association, news agency, or wire	661
service, a radio or television station, or a similar medium, for	662
the purpose of gathering, processing, transmitting, compiling,	663
editing, or disseminating information for the general public.	664

(C)(1) If a person allegedly is aggrieved by the failure of a	665
public office or the person responsible for public records to	666
promptly prepare a public record and to make it available to the	667
person for inspection in accordance with division (B) of this	668
section or by any other failure of a public office or the person	669
responsible for public records to comply with an obligation in	670
accordance with division (B) of this section, the person allegedly	671
aggrieved may commencedo either of the following:	672

(a) File either an informal complaint or a formal complaint	673
with the public access counselor pursuant to section 2743.33 of	674
the Revised Code;	675

(b) Commence a mandamus action to obtain a judgment that	676
orders the public office or the person responsible for the public	677
record to comply with division (B) of this section, that awards	678
court costs and reasonable attorney's fees to the person that	679
instituted the mandamus action, and, if applicable, that includes	680
an order fixing statutory damages under division (C)(1)(2) of this	681
section. The mandamus action may be commenced in the court of	682
common pleas of the county in which division (B) of this section	683
allegedly was not complied with, in the supreme court pursuant to	684
its original jurisdiction under Section 2 of Article IV, Ohio	685
Constitution, or in the court of appeals for the appellate	686
district in which division (B) of this section allegedly was not	687
complied with pursuant to its original jurisdiction under Section	688
3 of Article IV, Ohio Constitution. A person that commences a	689
mandamus action under division (C)(1)(b) of this section may not	690
file with respect to the same public record request that is the	691
subject of the mandamus action an informal complaint or a formal	692
complaint with the public access counselor under section 2743.33	693
of the Revised Code.	694

(2)(a) If a requestorrequester transmits a written request	695
by hand delivery or certified mail to inspect or receive copies of	696
any public record in a manner that fairly describes the public	697
record or class of public records to the public office or person	698
responsible for the requested public records, except as otherwise	699
provided in this section, the requestorrequester shall be	700
entitled to recover the amount of statutory damages set forth in	701
this divisiondivisions (C)(2)(b) and (c) of this section if a	702
court determines that theboth of the following:	703

(i) The person filed either an informal complaint or a formal	704
complaint with the public access counselor pursuant to section	705
2743.33 of the Revised Code, regardless of whether or not the	706
parties involved in the applicable complaint reached an agreement	707
under that section and regardless of whether or not the public	708
access counselor issued an advisory opinion under that section.	709

(ii) The public office or the person responsible for public	710
records failed to comply with an obligation in accordance with	711
division (B) of this section.	712

(b) The amount of statutory damages under division (C)(2)(a)	713
of this section shall be fixed at one hundred dollars for each	714
business day during which the public office or person responsible	715
for the requested public records failed to comply with an	716
obligation in accordance with division (B) of this section,	717
beginning with the day on which the requester files a mandamus	718
action to recover statutory damages, up to a maximum of one	719
thousand dollars. The award of statutory damages shall not be	720
construed as a penalty, but as compensation for injury arising	721
from lost use of the requested information. The existence of this	722
injury shall be conclusively presumed. The award of statutory	723
damages shall be in addition to all other remedies authorized by	724
this section.	725

(c) The court may reduce an award of statutory damages or not	726
award statutory damages under divisions (C)(2)(a) and (b) of this	727
section if the court determines both of the following:	728

(a)(i) That, based on the ordinary application of statutory	729
law and case law as it existed at the time of the conduct or	730
threatened conduct of the public office or person responsible for	731
the requested public records that allegedly constitutes a failure	732
to comply with an obligation in accordance with division (B) of	733
this section and that was the basis of the mandamus action, a	734
well-informed public office or person responsible for the	735
requested public records reasonably would believe that the conduct	736
or threatened conduct of the public office or person responsible	737
for the requested public records did not constitute a failure to	738
comply with an obligation in accordance with division (B) of this	739
section;	740

(b)(ii) That a well-informed public office or person	741
responsible for the requested public records reasonably would	742
believe that the conduct or threatened conduct of the public	743
office or person responsible for the requested public records	744
would serve the public policy that underlies the authority that is	745
asserted as permitting that conduct or threatened conduct.	746

(2)(3)(a) If the court issues a writ of mandamus that orders	747
the public office or the person responsible for the public record	748
to comply with division (B) of this section and determines that	749
the circumstances described in division (C)(1)(2)(a) of this	750
section exist, the court shall determine and award to the relator	751
all court costs.	752

(b) If the court renders a judgment that orders the public	753
office or the person responsible for the public record to comply	754
with division (B) of this section, the relator filed a formal	755
complaint with the public access counselor under section 2743.33	756
of the Revised Code prior to filing the mandamus action, and the	757
public access counselor issued an advisory opinion under that	758
section declaring that the relator has the right to inspect or	759
copy the public records that are the subject of the formal	760
complaint, the court mayshall determine and award to the relator	761
reasonable attorney's fees subject to reduction as described in	762
division (C)(2)(3)(c) of this section. The court shall award	763
reasonable attorney's fees, subject to reduction as described in	764
division (C)(2)(3)(c) of this section when either of the following	765
applies:	766

(i) The public office or the person responsible for the	767
public records failed to respond affirmatively or negatively to	768
the public records request in accordance with the time allowed	769
under division (B) of this section.	770

(ii) The public office or the person responsible for the	771
public records promised to permit the relator to inspect or	772
receive copies of the public records requested within a specified	773
period of time but failed to fulfill that promise within that	774
specified period of time.	775

(c) Court costs and reasonable attorney's fees awarded under	776
this section shall be construed as remedial and not punitive.	777
Reasonable attorney's fees shall include reasonable fees incurred	778
to produce proof of the reasonableness and amount of the fees and	779
to otherwise litigate entitlement to the fees. The court may	780
reduce an award of attorney's fees to the relator or not award	781
attorney's fees to the relator if the court determines both of the	782
following:	783

(i) That, based on the ordinary application of statutory law	784
and case law as it existed at the time of the conduct or	785
threatened conduct of the public office or person responsible for	786
the requested public records that allegedly constitutes a failure	787
to comply with an obligation in accordance with division (B) of	788
this section and that was the basis of the mandamus action, a	789
well-informed public office or person responsible for the	790
requested public records reasonably would believe that the conduct	791
or threatened conduct of the public office or person responsible	792
for the requested public records did not constitute a failure to	793
comply with an obligation in accordance with division (B) of this	794
section;	795

(ii) That a well-informed public office or person responsible	796
for the requested public records reasonably would believe that the	797
conduct or threatened conduct of the public office or person	798
responsible for the requested public records as described in	799
division (C)(2)(c)(i) of this section would serve the public	800
policy that underlies the authority that is asserted as permitting	801
that conduct or threatened conduct.	802

(d) If the person who commences the mandamus action under	803
division (C)(1) of this section did not file an informal complaint	804
or a formal complaint with the public access counselor pursuant to	805
section 2743.33 of the Revised Code before filing the action, the	806
court shall not award to the person any statutory damages but	807
shall award to the person court costs and may award to the person	808
reasonable attorney's fees, subject to reduction as described in	809
division (C)(3)(c) of this section.	810

(D) Chapter 1347. of the Revised Code does not limit the	811
provisions of this section.	812

(E)(1) To ensure that all employees of public offices are	813
appropriately educated about a public office's obligations under	814
division (B) of this section, all elected officials or their	815
appropriate designees shall attend training approved by the	816
attorney general as provided in section 109.43 of the Revised	817
Code. In addition, all public offices shall adopt a public records	818
policy in compliance with this section for responding to public	819
records requests. In adopting a public records policy under this	820
division, a public office may obtain guidance from the model	821
public records policy developed and provided to the public office	822
by the attorney general under section 109.43 of the Revised Code.	823
Except as otherwise provided in this section, the policy may not	824
limit the number of public records that the public office will	825
make available to a single person, may not limit the number of	826
public records that it will make available during a fixed period	827
of time, and may not establish a fixed period of time before it	828
will respond to a request for inspection or copying of public	829
records, unless that period is less than eight hours.	830

(2) The public office shall distribute the public records	831
policy adopted by the public office under division (E)(1) of this	832
section to the employee of the public office who is the records	833
custodian or records manager or otherwise has custody of the	834
records of that office. The public office shall require that	835
employee to acknowledge receipt of the copy of the public records	836
policy. The public office shall create a poster that describes its	837
public records policy and shall post the poster in a conspicuous	838
place in the public office and in all locations where the public	839
office has branch offices. The public office may post its public	840
records policy on the internet web site of the public office if	841
the public office maintains an internet web site. A public office	842
that has established a manual or handbook of its general policies	843
and procedures for all employees of the public office shall	844
include the public records policy of the public office in the	845
manual or handbook.	846

(F)(1) The bureau of motor vehicles may adopt rules pursuant	847
to Chapter 119. of the Revised Code to reasonably limit the number	848
of bulk commercial special extraction requests made by a person	849
for the same records or for updated records during a calendar	850
year. The rules may include provisions for charges to be made for	851
bulk commercial special extraction requests for the actual cost of	852
the bureau, plus special extraction costs, plus ten per cent. The	853
bureau may charge for expenses for redacting information, the	854
release of which is prohibited by law.	855

(2) As used in division (F)(1) of this section:

856

(a) "Actual cost" means the cost of depleted supplies,	857
records storage media costs, actual mailing and alternative	858
delivery costs, or other transmitting costs, and any direct	859
equipment operating and maintenance costs, including actual costs	860
paid to private contractors for copying services.	861

(b) "Bulk commercial special extraction request" means a	862
request for copies of a record for information in a format other	863
than the format already available, or information that cannot be	864
extracted without examination of all items in a records series,	865
class of records, or data base by a person who intends to use or	866
forward the copies for surveys, marketing, solicitation, or resale	867
for commercial purposes. "Bulk commercial special extraction	868
request" does not include a request by a person who gives	869
assurance to the bureau that the person making the request does	870
not intend to use or forward the requested copies for surveys,	871
marketing, solicitation, or resale for commercial purposes.	872

(c) "Commercial" means profit-seeking production, buying, or	873
selling of any good, service, or other product.	874

(d) "Special extraction costs" means the cost of the time	875
spent by the lowest paid employee competent to perform the task,	876
the actual amount paid to outside private contractors employed by	877
the bureau, or the actual cost incurred to create computer	878
programs to make the special extraction. "Special extraction	879
costs" include any charges paid to a public agency for computer or	880
records services.	881

(3) For purposes of divisions (F)(1) and (2) of this section,	882
"surveys, marketing, solicitation, or resale for commercial	883
purposes" shall be narrowly construed and does not include	884
reporting or gathering news, reporting or gathering information to	885
assist citizen oversight or understanding of the operation or	886
activities of government, or nonprofit educational research.	887

Sec. 2743.31.  (A) As used in this section and sections	888
2743.32, 2743.33, and 2743.34 of the Revised Code:	889

(1) "Counselor" and "public access counselor" mean the public	890
access counselor appointed under this section.	891

(2) "Meeting" and "public body" have the same meanings as in	892
section 121.22 of the Revised Code.	893

(3) "Public access laws" means sections 121.22 and 149.43 of	894
the Revised Code.	895

(4) "Public entity" means a public body for purposes of	896
matters concerning section 121.22 of the Revised Code or a public	897
office for purposes of matters concerning section 149.43 of the	898
Revised Code.	899

(5) "Public office" has the same meaning as in section	900
149.011 of the Revised Code.	901

(6) "Public meeting" means a meeting that is open to the	902
public under section 121.22 of the Revised Code.	903

(7) "Public records" has the same meaning as in section	904
149.43 of the Revised Code.	905

(B) There is hereby established in the court of claims an	906
office to be known as the office of the public access counselor.	907
The office of the public access counselor shall be under the	908
supervision of a public access counselor appointed by the chief	909
justice of the supreme court. The public access counselor shall	910
have been admitted to practice as an attorney at law in this state	911
and shall be engaged in the practice of law in this state. The	912
chief justice of the supreme court shall appoint the public access	913
counselor for a term of four years. The chief justice may remove	914
the public access counselor for cause. If a vacancy occurs in the	915
office of public access counselor, the chief justice shall appoint	916
a successor to serve the remainder of the unexpired term of the	917
public access counselor. The successor appointed to fill a vacancy	918
in the office of public access counselor shall have been admitted	919
to practice as an attorney at law in this state and shall be	920
engaged in the practice of law in this state.	921

(C) The public access counselor shall not engage in any	922
profession, occupation, practice, or business that may conflict	923
with the duties of the public access counselor under section	924
2743.32 or 2743.33 of the Revised Code.	925

(D) The public access counselor may appoint any employees	926
necessary to carry out the duties and functions of the office of	927
the public access counselor.	928

Sec. 2743.32.  (A) The public access counselor appointed	929
under section 2743.31 of the Revised Code shall do all of the	930
following:	931

(1) Assist the attorney general in developing and providing	932
training programs and seminars under section 109.43 of the Revised	933
Code;	934

(2) Receive any informal complaint filed by any person under	935
section 2743.33 of the Revised Code alleging a public entity's	936
denial of any of the person's rights under the public access laws	937
and engage in dispute resolution to encourage the parties to the	938
informal complaint to reach an agreement under that section;	939

(3) Receive any formal complaint filed by any person under	940
section 2743.33 of the Revised Code alleging a public entity's	941
denial of any of the person's rights under the public access laws,	942
investigate the allegations in the complaint, and issue an	943
advisory opinion regarding any of the person's rights that are the	944
subject of the formal complaint;	945

(4) Make recommendations to the general assembly and to the	946
supreme court concerning ways to improve public access to public	947
records and to ensure public attendance at public meetings.	948

(B) The public access counselor shall submit an annual report	949
to the general assembly and to the supreme court not later than	950
the thirtieth day of June of each year concerning the activities	951
of the counselor during the immediately preceding calendar year in	952
regard to divisions (B)(1) to (5) of this section. The report	953
shall include all of the following information:	954

(1) The total number of informal complaints and the total	955
number of formal complaints received by the office of the public	956
access counselor;	957

(2) The number of informal complaints and the number of	958
formal complaints received from the media and received from the	959
public in general;	960

(3) The total number of informal complaints that resulted in	961
an agreement reached by the parties to the informal complaint and	962
the total number of formal complaints that resulted in an	963
agreement reached by the parties to the formal complaint;	964

(4) The number of informal complaints and the number of	965
formal complaints received in regard to the performance of duties	966
by the applicable public entity under section 121.22 or 149.43 of	967
the Revised Code by each of the following:	968

(a) Public entities, other than political subdivisions or	969
agencies of political subdivisions;	970

(b) Offices and agencies of counties;

971

(c) Offices and agencies of municipal corporations;

972

(d) Offices and agencies of townships;

973

(e) Boards of education;

974

(f) Offices and agencies of other political subdivisions.

975

(5) The total number of advisory opinions that were issued by	976
the public access counselor.	977

Sec. 2743.33. (A) No person is required to file an informal	978
complaint or a formal complaint with the public access counselor	979
under this section before filing an action in court under the	980
public access laws. The procedures set forth in this section do	981
not constitute an alternative remedy in the ordinary course of the	982
law for purposes of seeking any judicial remedy authorized by any	983
provision in the Revised Code or by any rule of court.	984

(B) A public entity shall cooperate with the public access	985
counselor in any proceeding under this section.	986

(C)(1) Any of the following may file an informal complaint	987
with the public access counselor pursuant to the procedures	988
prescribed in division (F) of this section or may file a formal	989
complaint with the counselor pursuant to the procedures prescribed	990
in division (G) of this section:	991

(a) Any person that alleges that the person's right to	992
inspect or copy any public record under section 149.43 of the	993
Revised Code has been denied in violation of that section;	994

(b) Any person that alleges that any of the person's rights	995
under section 121.22 of the Revised Code has been denied in	996
violation of that section.	997

(2)(a) No person described in division (C)(1)(a) of this	998
section may file both an informal complaint and a formal complaint	999
under this section alleging that the person's right to inspect or	1000
copy any public record under section 149.43 of the Revised Code	1001
has been denied in violation of that section if the allegations in	1002
the informal complaint and the allegations in the formal complaint	1003
are based on the same facts.	1004

(b) No person described in division (C)(1)(b) of this section	1005
may file both an informal complaint and a formal complaint under	1006
this section alleging that any of the person's rights under	1007
section 121.22 of the Revised Code has been denied in violation of	1008
that section if the allegations in the informal complaint and the	1009
allegations in the formal complaint are based on the same facts.	1010

(3) The counselor shall determine and prescribe the form of	1011
an informal complaint and the form of a formal complaint filed	1012
under this section.	1013

(D)(1) Any person described in division (C)(1)(a) of this	1014
section that chooses to file an informal complaint or a formal	1015
complaint with the public access counselor shall file the	1016
appropriate complaint not later than thirty days after the date of	1017
the alleged denial of the person's right to inspect or copy any	1018
public record under section 149.43 of the Revised Code. Any person	1019
described in division (C)(1)(b) of this section that chooses to	1020
file an informal complaint or a formal complaint with the	1021
counselor shall file the appropriate complaint not later than	1022
thirty days after the date of the alleged denial of any of the	1023
person's rights under section 121.22 of the Revised Code.	1024

(2) An informal complaint or a formal complaint is considered	1025
filed on the date the appropriate complaint is received by the	1026
counselor or on the date the appropriate mailed complaint is	1027
postmarked if the counselor receives that mailed complaint more	1028
than thirty days after the applicable date specified in division	1029
(D)(1) of this section.	1030

(E) Upon receiving an informal complaint or a formal	1031
complaint under division (D)(2) of this section, the public access	1032
counselor immediately shall forward a copy of the appropriate	1033
complaint to the public entity that is the subject of that	1034
complaint.	1035

(F)(1) Upon receiving an informal complaint under division	1036
(D)(2) of this section, the public access counselor shall engage	1037
in early intervention, mediation, conciliation, or any other form	1038
of dispute resolution or shall facilitate discussion between the	1039
parties involved in the informal complaint in order to encourage	1040
those parties to reach an agreement on the issues raised in the	1041
informal complaint as soon as practicable.	1042

(2) If the parties involved in the informal complaint reach	1043
an agreement regarding the issues raised in that complaint, the	1044
counselor shall require that the agreement be in writing and	1045
signed by both parties within seven days after the parties reach	1046
the agreement. The agreement is enforceable in a court. A court	1047
that determines that a party has violated the agreement shall	1048
order that party to pay the reasonable attorney's fees of the	1049
other party. If the informal complaint is based on an alleged	1050
denial by a public office of the complainant's right to inspect or	1051
copy any public record under section 149.43 of the Revised Code,	1052
if an agreement is reached under this division between the	1053
complainant and the public office involved in that informal	1054
complaint, and, if a court determines that that public office	1055
violated the agreement, the court shall order the public office to	1056
pay statutory damages to the complainant in the amount specified	1057
in division (C)(2) of section 149.43 of the Revised Code. If the	1058
informal complaint is based on an alleged denial by a public body	1059
of any of the complainant's rights under section 121.22 of the	1060
Revised Code, if an agreement is reached under this division	1061
between the complainant and the public body involved in that	1062
informal complaint, and if a court determines that that public	1063
body violated the agreement, the court shall order the public body	1064
to pay the civil forfeiture to the complainant in the amount	1065
specified in division (I)(2)(a) of section 121.22 of the Revised	1066
Code.	1067

(3) If any early intervention, mediation, conciliation, or	1068
other form of dispute resolution in which the counselor engages	1069
under division (F)(1) of this section or any discussion between	1070
the parties does not result in any agreement between the parties	1071
on the issues raised in the informal complaint within fourteen	1072
days after the date of the filing of the informal complaint, the	1073
complainant may bring an action in court pursuant to the	1074
applicable public access law.	1075

(G)(1) Upon receiving a formal complaint under division	1076
(D)(2) of this section, the public access counselor shall	1077
investigate the facts alleged in the formal complaint.	1078

(2)(a) Except as provided in division (G)(2)(b) of this	1079
section, if the parties involved in the formal complaint reach an	1080
agreement regarding the issues raised in that complaint either	1081
before or after an advisory opinion is issued under division	1082
(G)(3) of this section, the counselor shall require that the	1083
agreement be in writing and signed by both parties within seven	1084
days after the parties reach the agreement. The agreement is	1085
enforceable in a court. A court that determines that a party has	1086
violated the agreement shall order that party to pay the	1087
reasonable attorney's fees of the other party. If the formal	1088
complaint is based on an alleged denial by a public office of the	1089
complainant's right to inspect or copy any public record under	1090
section 149.43 of the Revised Code, if an agreement is reached	1091
under this division between the complainant and the public office	1092
involved in that formal complaint, and if a court determines that	1093
that public office violated the agreement, the court shall order	1094
the public office to pay statutory damages to the complainant in	1095
the amount specified in division (C)(2) of section 149.43 of the	1096
Revised Code. If the formal complaint is based on an alleged	1097
denial by a public body of any of the complainant's rights under	1098
section 121.22 of the Revised Code, if an agreement is reached	1099
under this division between the complainant and the public body	1100
involved in that formal complaint, and if a court determines that	1101
that public body violated the agreement, the court shall order the	1102
public body to pay the civil forfeiture to the complainant in the	1103
amount specified in division (I)(2)(a) of section 121.22 of the	1104
Revised Code.	1105

(b) Division (G)(2)(a) of this section does not apply if the	1106
counselor participated in or facilitated any discussion between	1107
the parties in reaching the agreement described in that division.	1108

(3)(a) Except as provided in division (G)(3)(b) of this	1109
section, the counselor shall issue an advisory opinion on the	1110
formal complaint not later than fourteen days after the complaint	1111
is filed.	1112

(b) If the counselor determines that a formal complaint has	1113
priority, the counselor shall issue an advisory opinion on the	1114
complaint not later than seven days after the complaint is filed.	1115

(4) The counselor shall adopt any necessary rules	1116
establishing criteria for formal complaints that have priority	1117
under this section or any other rules necessary to implement the	1118
provisions of this section.	1119

(5)(a) If the counselor issues an advisory opinion under	1120
division (G)(3) of this section that declares that the complainant	1121
has the right to inspect or copy the public records that are the	1122
subject of the formal complaint, unless the parties involved in	1123
the formal complaint reach an agreement under division (G)(2) of	1124
this section, the complainant may present the advisory opinion to	1125
the public office involved in the formal complaint and request the	1126
public office to make those records available for inspection or	1127
copying by the complainant pursuant to section 149.43 of the	1128
Revised Code. If the public office denies that request or fails to	1129
promptly comply with the request, the complainant may bring an	1130
action in court pursuant to that section.	1131

(b) If the counselor issues an advisory opinion under	1132
division (G)(3) of this section that declares that the complainant	1133
has that right under section 121.22 of the Revised Code that is	1134
the subject of the formal complaint, unless the parties involved	1135
in the formal complaint reach an agreement under division (G)(2)	1136
of this section, the complainant may present the advisory opinion	1137
to the public body involved in the formal complaint and request	1138
the public body to comply with section 121.22 of the Revised Code	1139
with respect to the complainant's right that is the subject of the	1140
formal complaint. If the public body does not comply with section	1141
121.22 of the Revised Code with respect to that right of the	1142
complainant, the complainant may bring an action in court pursuant	1143
to that section.	1144

(6) All advisory opinions issued by the counselor under	1145
division (G)(3) of this section shall state the date of issuance	1146
of the opinion, name the parties to the formal complaint,	1147
summarize the factual and legal issues involved, and set forth a	1148
reasoned rationale for the counselor's conclusion, including	1149
citation to legal authority supporting that conclusion. Advisory	1150
opinions issued by the counselor are public records under section	1151
149.43 of the Revised Code.	1152

(7) The office of the public access counselor may rely on	1153
past advisory opinions issued by the counselor under division	1154
(G)(3) of this section as precedent for that office. Advisory	1155
opinions issued by the counselor under that division do not bind	1156
any court in interpreting or applying section 121.22 or 149.43 of	1157
the Revised Code, and no court may presume that the existence of	1158
an advisory opinion issued by the counselor is evidence against or	1159
in favor of a reduction or denial of an award of reasonable	1160
attorney's fees to a litigant.	1161

Sec. 2743.34. (A) Any person who files an informal complaint	1162
or a formal complaint with the public access counselor under	1163
section 2743.33 of the Revised Code may withdraw the complaint at	1164
any time by notifying the counselor in writing of the withdrawal.	1165
Upon withdrawing the complaint, that person may bring an action in	1166
court as authorized by the applicable public access law based upon	1167
the same facts that are the subject matter of the complaint that	1168
was withdrawn.	1169

(B) Any informal complaint or any formal complaint filed with	1170
the public access counselor under section 2743.33 of the Revised	1171
Code does not toll the running of the period of limitations for	1172
bringing an action under section 121.22 or 149.43 of the Revised	1173
Code concerning the subject matter of the informal complaint or	1174
the subject matter of the formal complaint.	1175

Section 2. That existing sections 121.22 and 149.43 of the	1176
Revised Code are hereby repealed.	1177

Section 3. Sections 1 and 2 of this act take effect September	1178
29, 2007.	1179

Section 4. Section 149.43 of the Revised Code is presented in	1180
this act as a composite of the section as amended by both Sub.	1181
H.B. 9 and Sub. H.B. 141 of the 126th General Assembly. The	1182
General Assembly, applying the principle stated in division (B) of	1183
section 1.52 of the Revised Code that amendments are to be	1184
harmonized if reasonably capable of simultaneous operation, finds	1185
that the composite is the resulting version of the section in	1186
effect prior to the effective date of the section as presented in	1187
this act.	1188