Ohio Sunshine Laws


Democracy flourishes when government operates in the sunshine, available to the citizens it serves and open to public scrutiny.
To preserve and encourage openness, the Ohio General Assembly passed the Open Meetings and Public Records acts, collectively known as the "Sunshine Laws."
Because many of the records held by public bodies pertain to private matters of citizens interacting with their government, the balance between openness and privacy is a delicate one. The Sunshine Laws are constantly being evaluated to ensure that the information gathered by the government is not abused and that individual privacy rights are protected to the greatest extent possible.
The 2008 edition of the Ohio Sunshine Laws Update, frequently referred to as the "Yellow Book," is an overview of statutes and case law prepared by the Attorney General's office to guide public officials, as well as Ohio citizens, regarding the application of the Public Records and/or the Open Meetings law. Additionally, representatives within the Attorney General's office are available to guide local governments who want to set their own policies for openness as provided by law.

Frequently Asked Questions

Can a public body’s motion for executive session just say “for personnel”?
No. The open meetings law plainly requires a public body to specify the particular reason or
reasons listed in the “personnel exception” for which the executive session is being called.4

Do I have to pay for copies of public records?
Most likely. The public records law permits a public office to charge its actual cost to
duplicate a public record.5

What is required for notice of a regular meeting to be proper under the Open Meetings
Act?
By law, a public body must have a rule in place by which a person can determine the time
and place of all regular meetings.6

Can the police redact from the public record the name of a juvenile they arrested?
No. A suspect’s identity is not confidential simply by virtue of the suspect’s age – i.e., just
because the suspect is a juvenile does not entitle the suspect to anonymity.7

What are the permissible reasons for a public body to go into executive session?
Generally, to discuss various personnel issues, the purchase or sale of public property, to
discuss with legal counsel pending or imminent court action, to conduct or discuss collective
bargaining matters, for various matters required to be kept confidential by law, to discuss
security matters, and to discuss county hospitals’ trade secrets.8 Veterans Service
Commissions may also hold executive sessions for matters related to an applicant’s request
for financial assistance.9

Where can I find the salaries of my public officials?
The salaries of some public officials are set by statute,10 while others are set by the public
entity itself. If the salary is not set by statute, always contact the government employer to
determine the salary in question.4

Are the home addresses of public employees considered “public records?”
Not always. The Ohio Supreme Court has concluded that the home addresses of public
employees may not be “public records that a public office is required to release.”11 See page
66 for a more detailed discussion.

Can a court redact my social security number from its public records before disclosure?
Yes. The Ohio Supreme Court recently concluded that redacting SSNs from a court’s public
records is appropriate before disclosure.12

Can a public office use an outside contractor to copy records for a public records request?
Perhaps. If the reasons for the outsourcing are reasonable, and the cost differential is also
reasonable, a court is likely to find that such an arrangement is permissible.13

Does HIPAA mean that the public can no longer receive general patient information?
No. A public office does not violate HIPAA by sharing information that constitutes
“directory information,” such as the patient’s name, location in the facility, and a description
of the patient’s general condition.14

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