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Legislation Puts Teeth in Ohio's 'Sunshine Laws'
COLUMBUS, Ohio -- State Attorney General Jim Petro has joined with state Rep. Scott Oelslager (R-Canton) to strengthen the state's Public Records and Open Meetings laws by mandating training for public officials, the establishment of records policies and adding substantial fines for noncompliance.The legislation is one part of an ongoing effort by Petro to improve compliance with Public Records and Open Meetings Laws (commonly referred to as "The Sunshine Laws"). The effort also includes a series of educational seminars around the state sponsored by the Attorney General's Office and the Ohio Newspaper Association."These proposals will help ensure that citizens can view the information held by the government," Petro says. "It is an important component of our efforts to improve the way public bodies make themselves accessible to the citizens they serve."The proposed amendments mandate that all elected public officials undergo biennial training on the Sunshine Laws from qualified instructors as determined by the Attorney General's Office, and require all public offices to have a written policy on the availability of public records. The proposal also calls for the public agency to provide a copy of that policy to all employees, who must acknowledge in writing having received it.In addition to the training and written policy requirements, the proposal allows a judge to levy a $1,000 fine for egregious violations of the law.Recently, the Ohio Coalition for Open Government sponsored an audit that requested public records from public offices throughout the state. Only about half of the time were the records promptly made available in compliance with the Public Records Act. Shortly afterward, Petro sent a letter to officials highlighting the need for education and awareness of the law's requirements. "This audit should be used as a springboard toward placing a greater priority on educating and training all public employees to improve compliance with the Ohio Sunshine Laws," Petro wrote in the letter.Oelslager, who will bring the proposals before the General Assembly concurs with Petro."Training for public servants on the requirements of the Sunshine Laws is clearly necessary and will benefit the citizens who have a right to observe the workings of their government," Rep. Oelslager says. "It also stands to reason that serious violations of the law be subject to substantial penalties."Ohio Newspaper Association Executive Director Frank Deaner, who oversaw the public records audit, also welcomes the amendments. "Requiring all custodians to understand the records policy and procedures of their offices is certainly a step to improve compliance," he says. "Our organization will continue to work with Attorney General Petro and Rep. Oelslager on this legislation, with the goal to not only improve media access but to help the general public with their public records requests." "