It’s the public’s right to know

When Beverly resident Melisa Drayer opens a newspaper, she looks for the records page to peruse the police reports.

"That's the first thing I read," said Drayer, 38.

Reports from law enforcement agencies and court filings are among the many government documents covered by Ohio's Public Records Act, which governs access to public records.

There's more to the release of these records, and news organizations' decision to publish them, than simply satisfying curiosity, said Frank Deaner, executive director of the Ohio Newspaper Association and president of the Ohio Coalition for Open Government.

"The premise of our system of government and what is referred to as an open society is these things are the public's right to know," Deaner said. "Anyone who lives in a community can get a sense of what is happening in terms of crime or accidents or incidents and how it may affect where they live."

Deaner said the availability of these records and publication of them also lets people form opinions about the effectiveness of law enforcement agencies.

"They can draw their own conclusions on whether they feel safe in terms of the number of incidents or whether their police force is doing what it needs to do," he said.

That is also why public employees' personnel files are open records, Deaner said.

One example would be the 2009 scandal in which two Marietta city police officers, a city firefighter and a sheriff's deputy were accused of engaging in sexual activity with a woman while on duty. The Marietta Times examined and published portions of their personnel files related to the allegations.

"The premise of our public record law is that public employees are treated differently than private citizens," Deaner said. "They have a responsibility that goes with their job."

Aside from legal requirements, Washington County Sheriff Larry Mincks said his office makes most of its records available because taxpayers have a right to that information.

"I'm a firm believer in putting out to the media everything I can," he said. "That's why I do daily press releases. We like to cooperate and let the public know exactly what we're doing and how we're doing it. Not so much specialized investigations, but they should know how many calls we're going on and what those calls are for."

The sheriff's Web site also includes budget information, who's incarcerated at the county jail and more.

Decatur Township resident Joan Rogers, 46, said she can understand why some people would be upset if information about them or a friend or family member involved in a criminal investigation appeared in a newspaper.

"At the same time, I feel it also serves as a... deterrent," she said.

Rogers said she often skims newspaper police reports to see if she recognizes any names.

"Maybe I should read it better to see what's going on in my community or (with) my neighbors," she said.

Marietta resident Ron Tomasch, 57, said he has no problem with arrests and police reports being published, but he worries that some people are unfairly cast in a bad light.

"It's one thing to be accused of a crime; it's another thing to be found guilty," he said. "Just because somebody was arrested doesn't mean they're found guilty."

Tomasch said it's understandable that cases involving public officials and known criminals may receive more attention, but he doesn't think other people should be spotlighted for alleged crimes.

While Drayer enjoys reading the police records, she said she's not judgmental and doesn't form an opinion about someone just because their name shows up in a police report.

"There's always three sides... his side, her side and the truth," Drayer said.

Ohio's open records law is often seen as a tool available only to reporters looking for information about public officials or agencies. But the law is meant to help anyone gain access to certain information, including reports about crime, house sales and taxpayer dollars being spent by schools.

Citizens have two common rights under Ohio's Public Records Act: The prompt inspection of public records and upon request, copies of public records made within a reasonable amount of time.

The Ohio Attorney General's office finds prompt inspection to mean without delay and with reasonable speed, but room is provided to judge each case within context. Further, inspection of public records must be made during established business hours or, in the case of police stations, which are open 24 hours a day, during normal administrative hours.

Many local government entities are taking to the Internet more and more to remain open to the public. In addition to the sheriff's Web site, the Marietta Municipal Court has extensive information available for the public to view online. Records can also still be requested at the offices.

The Washington County Clerk of Courts office has two computer terminals set up at its office on the third floor of the county courthouse for members of the public to look up court case information. Once they have a case number, employees in the office can provide them with the documents they're seeking, Clerk Brenda Wolfe said.

Basic photocopies are 10 cents apiece, with an additional charge for certified copies or faxes.

Wolfe said the people who most often request information on cases are paralegals or business employees. However, the records are open to the public in general.

"We don't ask too many questions. We just hand it to them," Wolfe said.

Office employees do make sure specific personal information like Social Security numbers is redacted before a member of the public or media looks at a document.

While that is important, Deaner said in the age of identity theft, some public agencies are withholding information like home addresses. That information can be relevant to the media and public, he said, such as if a journalist is examining a database of school bus drivers to determine if any have been charged with criminal offenses. A person with a common name might be difficult or impossible to correctly identify without an address.

Deaner said it is important that court records are open to public inspection so that an individual's rights to be tried before a jury of their peers and be considered innocent until proven guilty are upheld.

"The way you ensure that that is done properly is by having court proceedings observed and reported on," he said.

The Ohio Sunshine Law's update book is available on the Internet at the attorney general's Web site, www.ag.state.oh.us .

Justin McIntosh contributed.

Member Comments

View Comments: | 1-7 | Post a comment

MartyMarachino
03-22-10 7:29 AM »Report Abuse	The first thing I look at is the obituaries. If I dont see my name, I go on with my day. lol
armybrat
03-21-10 7:28 PM »Report Abuse	The lady in the beginning seems to have a bit of a nose problem. She must be a bit of a gossip. We all read those reports, but I am sure it is not the first priority of most of us when starting to read the newspaper. She needs a hobby.
hockeypuck
03-20-10 10:51 AM »Report Abuse	I agree that it should be made public, but the woman in question at the beginning of the article just probably doesn't have much else to do.
blahblah
03-20-10 9:48 AM »Report Abuse	Control Control Control that all its about
weefooze
03-20-10 8:56 AM »Report Abuse	What is ironic is that public records are available to the public for viewing but the latest census that we are sending in won't be available for 72 years.In 72 years most of us will be dead. Go figure!!!!!!!!!!!
OregonRobRoy
03-20-10 8:23 AM »Report Abuse	Wow, I had no idea so much info is available online--COOL.
Roscoe
03-20-10 5:48 AM »Report Abuse	"The entiraty of 2006 childrens services records from Wash. Co.,that are missing." Freddy, can you clarify that statement?

You must first login before you can comment.

Existing Member Login
Not a Member?	Create a Member Account
*Your email address:		<--Email REQUIRED!
*Password:	Forgot Password?	<--Password REQUIRED!
	Remember my email address.