Open-records bill restricts concealed-carry identities By JIM PROVANCE BLADE COLUMBUS BUREAU
COLUMBUS - The Ohio House yesterday passed a bill to better arm citizens when it comes to accessing public records but not before voting to strip journalists of access to the names of those granted permits to carry concealed handguns.
Gov. Bob Taft threatened to veto the bill.
"The governor has made it clear he will not sign a bill that restricts media access to the list of concealed-carry registrants," said Taft spokesman Mark Rickel. "He hopes to sign a public-records reform bill this year, and he encourages the Senate to fix the bill so he can sign it."
Under current law, only journalists have access to general lists of names of those granted concealed-carry permits through county sheriffs' offices. Yesterday's amendment would close that window to a crack, allowing permit applicants to keep their names out of the public record and allowing journalists to ask only whether a specific person who has committed a crime has a permit.
"[Reporters] abused the legislature's intent by indiscriminately publishing full lists for no reason other than the fact that they could," said state Rep. John Willamowski (R., Lima). The amendment passed 51-43 with bipartisan support over the objections of the bill's sponsor, Rep. Scott Oelslager (R., North Canton). The bill went on to pass overwhelmingly 93-1.
Despite the concealed-carry language, the bill remains strongly pro-public access, increasing the likelihood that those who successfully sue local governments for public records will be able to recover attorney fees and court costs, said Frank Deaner, Ohio Newspaper Association executive director. The bill also creates an office of public access counselor within the Ohio Court of Claims to assist Ohioans in resolving public record disputes.
"When you get sunshine, sometimes you find things you don't like, and we may not like to talk about that," said Rep. Jim Trakas (R., Independence). "There have been problems, scandals, and legitimate concerns that, if it had not been for open records and the ability for the public and media to get in there, maybe we wouldn't have found these situations out."
The bill was an outgrowth of a 2004 project of Ohio newspapers that documented obstacles citizens face in exercising their right to access public records.
Among other things, the measure requires at least one person in public agencies to undergo training in open-records law; sets a 10-day deadline, with some exceptions, for a public body to respond to open-record requests; encourages Ohioans to use the new public access counselor to mediate disputes; and sets fines of up to $1,000 in most cases for agencies that fail to comply.
"The goal of the public access counselor is to allow members of the public to solve these public records disputes without having to go out and hire an attorney, without having to expend legal costs," said Rep. Mark Wagoner (R., Ottawa Hills), who proposed the concept. "We think we've struck the right balance by giving the public the right to resolve these disputes, but they can still go to court if they want to."
Rep. Jeff Wagner (R., Sycamore) was the sole lawmaker to oppose the bill.
"I was a local school board member and county commissioner," he said. "Those local officials are working very hard to do the best job that they can. We're putting in another roadblock in the form of training, fines, and in some cases mandatory attorney fees. I trust my local officials to do their jobs properly."
Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.
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