Ohio’s Public Records law is designed to provide for the transparency of government operations by requiring public entities, such as school districts, to provide access to records “promptly” when a request for the inspection of records is made to the entity, and if copies are requested, to provide those “within a reasonable period of time.” As the public records law has developed, so to have the exceptions. As of April 2025, there will be fifty exceptions identified in the definition of “public record.” Keeping up with the public record definition, alone, can be just as challenging as reviewing, organizing, collecting and responding to a request.
This challenge is increased by the fact that the Public Records Act is a self-help statute, meaning an individual who believes the statute has been violated can file a mandamus action to compel a school district’s compliance with the law. The concern school districts and their records custodians face is that a mandamus action can be filed without warning, and the potential penalties of statutory damages and payment of attorney fees can be serious repercussions for the district.
In light of these concerns and the underlying purpose of the Public Records Act, Ohio’s legislature recently made significant changes to R.C. 149.43. The changes, which go into effect April 9, 2025, will provide public entities, including school districts, with a warning that trouble is brewing and opportunity to avoid the filing of court action to compel compliance with the Public Records Act.
Under the changes, an individual who believes the Public Records Act has been violated cannot immediately pursue a mandamus action in court or file a complaint in Ohio’s Court of Claims. Rather, the first step a requestor must take is to file a complaint with the public office or the person responsible for public records who would be responsible for the alleged failure. This requirement will put the school district on notice of the potential for further court action. In addition, the Ohio Court of Claims is required to provide a complaint form that a requestor must use. Upon receipt of a complaint, a public entity will have three business days to address the failure alleged in the requestor’s complaint.
Importantly, during this three-day waiting period, the requestor is not permitted to pursue court action to compel compliance with the public records law. This new process is mandatory and the end result of a requestor failing to comply with its requirements is that a complaint, whether filed with the Ohio Court of Claims or in another court, will be dismissed.
While school districts must continue to diligently respond to public records requests, the changes to Ohio’s Public Records law will provide a warning and opportunity for a district to address a requestor’s concerns with its response to a records request prior to the filing of a court action. This warning can ultimately save school districts the cost of litigation, including the statutory damages and attorney fees that can accompany a violation of Ohio’s Public Records Act.