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Something Else: Here's some good news from the public records file

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September 1, 2010

 

by Eric Marotta, Editor

What do you do when a government office can’t make change for copies, won’t take a check and you have to go look for someone who can break a $20?

And what happens when officials say they don’t want to release the names of applicants for a high-profile, taxpayer-paid position?

Every now and again, when it comes to informing the public, the newspaper runs into strange situations and occasional problems.

Consider a fax I recently got from the city of Cleveland. 

In it, an official politely asked for a check or money order for 25 cents to cover the cost of records that were faxed with the letter.

“In the alternative, you may pay for these records in person at which time they will be released,” the letter concluded.

First, who other than a bureaucrat would demand payment of a quarter, or expect a quarter in the mail?

Next, the records came with the fax, so why drive downtown to pay?

In this case, I’ll assume the official grabbed the form letter that most closely fit the purpose. 

In the meantime, my check for two bits is in the mail.

• • •

Less amusing were some recent dealings with an official in a different Cuyahoga County office. This time, the records in question would cost $3.

This set of documents had to be paid for in advance by mail or in person. The paperwork couldn’t be faxed or e-mailed, either. 

“Why not?” I asked. 

Because it’s “special,” was the terse reply. 

“I’m not going to fax this … It has to be certified,” the clerk said.

Adding insult to the cost in miles traveled and time wasted, the office couldn’t make change and our reporter said he had to scramble around the six-story building looking for three small bills.

If those of us who do this for a living have to deal with such poor service, I wonder how well such offices serve the general public?

• • •

Other offices do an excellent job of making records available — consider the courts, which routinely deliver thousands of pages of documents online.

Though our local communities have not made such demands, offices we don’t normally deal with occasionally ask is to submit public records requests in writing. Did you know that’s a direct violation of the state’s Sunshine laws?

According to the Ohio Attorney General’s Office, “A requester need not make a request for public records in writing, or identify him or herself when making a request.”

Some people don’t want to be identified when asking for records, like a recent caller who didn’t know he should be able to anonymously request records regarding vacant homes in his town.

The caller said he was afraid to identify himself to a certain local official.

In the past, an occasional public body has been reluctant to deliver the resumés of those applying for jobs. We’ve been asked, what gives us the right to publicize that someone’s looking for another job?

Simply put, the courts have ruled that if you want to work for the public, the public has the right to check your credentials versus everyone else who puts in for the job.

I’ve heard it said that some public bodies have considered an application process that would eliminate all public records, paper or electronic.

If they’re going to go to all that trouble to hide information in one case, where does it end?

After all, why would the public want to employ people who are so leery of public scrutiny, or, for that matter, make it difficult to get public records?

I’m happy to say that we have very little problem getting records from our local communities and other public bodies. 

And after a judge’s ruling earlier this summer in favor of a former Cuyahoga Falls School Board member, public records and open meetings rules have been made even clearer.  The official had claimed the Board had violated the Sunshine law on several occasions.

Barring rare exceptions, I think persistence in demanding and obtaining public records makes it easier for everyone to exercise their rights under the state’s Sunshine laws.

E-mail: emarotta@recordpub.com

Phone: 330-688-0088 ext. 3171

 




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