The massive, more than $200 billion Ohio state budget is chock-full of surprises, including some that have nothing to do with the spending of tax dollars.
One of the unexpected provisions of the measure, which lawmakers approved last week and is more than 3,100 pages long, is a change to the state’s public records law.
The late change would exempt text messages and emails between state lawmakers and staff members from public records disclosure until after the current legislative session ends.
A “legislative document that is not otherwise exempt from disclosure ... is not a public record ... during the general assembly in which the legislative document was created,” the change reads. “After the general assembly in which the legislative document was created has adjourned sine die, the legislative document is a public record ... unless the legislative document would be privileged.”
Unsurprisingly, the change was met with resistance from proponents of public records.
“Legislators are shielding from public view their communications with each other about proposed laws—as if they have a confidential relation with each other,” Cleveland.com quoted an email from David Marburger, a First Amendment lawyer and an expert on Ohio sunshine law. “What an impact just a few words makes.”
Despite the change, lawmakers are not barred from releasing the information and could voluntarily opt to do so.
Gary Daniels, chief lobbyist at the American Civil Liberties Union’s Ohio chapter, told Cleveland.com the changes are “a horrible idea from the perspective of government transparency.”
“You’re talking about shutting off access to critically important information – or some information that might be less than that but still would provide very helpful information as to a legislator’s thinking, their actions, who it is that they’re talking to, actions that they’re taking in committee,” Cleveland.com quoted Daniels. “Just, you know, the fundamental workings of the legislative process.”
However, one leading Republican defended the change to the Cleveland outlet.
“I think there’s been a long-running desire (among Ohio lawmakers) to have an ability to do your job without having 11 million people looking over your shoulder every time you send a text message,” Cleveland.com quoted House Finance Committee Chair Brian Stewart, R-Ashville. “You know, you wouldn’t do your job that way.”
The law also amends the definition of records slightly to clarify that it “does not include personal notes or any document, device, or item, regardless of physical form or whether an assistive device or application was used, of a public official, or of the official’s attorney, employee, or agent, that is used, maintained, and accessed solely by the individual who creates it or causes its creation.”
In what might be seen as a more open records-friendly change, the measure stipulates that state and local law enforcement agencies or a prosecuting attorney’s office shall not charge a fee for copying or preparing a video record for inspection when the requester of the video record is a victim or suffered a loss and is eligible for a remedy via a legal action.
Under the change, the fee can be waived after receiving an affidavit from the victim or their legal counsel confirming that it is to investigate harm or damages that were potentially captured on video.
The biennial budget, which calls for $90.5 billion in General Fund and $200.7 billion in total spending over two years, includes the implementation of a 2.75% flat income tax, property tax relief, $650 million more for K-12 public schools, and $600 million for a new Cleveland Browns stadium in Brook Park.
