Ohio Public Records Act: How to Request Government Records Under ORC 149.43

Ohio Revised Code § 149.43 gives any person the right to inspect and copy public records maintained by any public office in Ohio. A "public office" includes state agencies, county and city governments, school districts, townships, public universities, and any entity established by Ohio law. Unlike federal FOIA, Ohio's law applies to all three branches of government — executive, legislative, and judicial.

Ohio defines public records broadly as any records kept by a public office that document the organization, functions, policies, decisions, procedures, operations, or other activities of the office. This includes emails, text messages, meeting minutes, contracts, financial records, inspection reports, and more. Records can be in any format — paper, electronic, audio, video, or digital.

Ohio's law requires public offices to make records available "within a reasonable period of time." While there is no specific day deadline like federal FOIA's 20-business-day rule, Ohio courts have held that delays of more than a few business days are unreasonable for routine requests. Public offices must organize and maintain records so they can be made available for inspection promptly. If a request cannot be fulfilled immediately, the office should provide an estimated timeline.

Ohio law contains 29 specific exceptions to public records disclosure, including: • Medical records • Trial preparation records • Confidential law enforcement investigatory records • Social Security numbers and certain personal information • Security records of public offices • Trade secrets submitted to a public office The burden is on the public office to prove that an exception applies. The office must cite the specific legal authority for any denial.

Public offices can only charge the actual cost of making copies. They cannot charge for the labor of searching for, retrieving, or redacting records. For electronic records, the office may charge the actual cost of the storage medium (e.g., a USB drive) or can transmit records via email at no charge. Inspection of records is always free — you have the right to view records at the public office without paying anything.

If a public office fails to comply with your request, you can file a mandamus action in the Ohio Court of Claims under ORC § 149.43(C). If the court orders the public office to comply, it shall award you reasonable attorney's fees, all court costs, and a statutory damages award of $100 per business day of delay (up to $1,000). This makes Ohio one of the strongest states for public records enforcement, as the mandatory fee-shifting incentivizes compliance and makes it economically feasible to challenge denials.