Ohio Attorney General’s Opinions
Public Records Act
2008-019 |
Audio Tape Recordings |
2008-003 |
Nonprofit Corporations |
2007-042 |
Coroner Reports |
2007-039 |
Concealed Handgun Licenses |
2007-034 |
Physical Evidence in Criminal Proceedings |
2007-026 |
Public Employees |
2007-025 |
Public Children Services Agency |
2006-038 |
Foreign Individuals |
2006-037 |
Community Improvement Corporation |
2005-047 |
Social Security Numbers |
2004-050 |
Election Ballots |
2004-045 |
Criminal Case File Information |
2004-033 |
Public Record Fees |
2004-011 |
Public Record Fees |
2003-030 |
R.C. 2303.26, Clerk of Courts |
2003-025 |
Investigatory Work Products |
2002-040 |
Sex Offender Registration |
2002-030 |
County Sewer District’s Customer Information |
2002-014 |
Court Transcripts |
2001-041 |
Emergency Medical Services Organization Medical Records |
2001-012 |
Department of Natural Resources Records |
2000-046 |
County Recorder, Internet, Public Records |
2000-036 |
Certificate of Release/Discharge of Active Duty Form |
2000-021 |
Peace Officers’ Residential and Familial Information |
1999-012 |
Public Record Costs |
1999-006 |
County Emergency Service Run Sheet |
1997-038 |
Sexually Oriented Offenses |
1997-001 |
Worker’s Compensation Files, AIDs |
1996-034 |
Social Security Numbers, County Recorder |
1996-005 |
Medical Records |
1995-001 |
PASSPORT Administrative Agency |
1994-089 |
Clerk of Courts, Pleadings |
1994-084 |
Address of Current Recipient of Aid, Dependent Children, Law Enforcement |
1994-058 |
Township Clerk, Estate Tax Return Information |
1994-046 |
LEADS |
1994-006 |
Public Records Medium |
1993-038 |
Court Ordered Sealed Records |
1993-010 |
Building Blueprints |
NOTE: Opinions before 1992 are not currently available online. Below are summaries of the opinions |
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1992-076 |
Estate Tax and Other Tax Returns |
| Estate tax returns and other tax returns filed pursuant to R.C. 5731 are confidential and may be inspected or copied only as provided in R.C. 5731.90; township clerk has no authority to inspect or copy estate tax materials that are made confidential by R.C. 5731.90 except pursuant to court order for good cause shown. | |
1992-071 |
County Board of Mental Retardation, Board’s Clients |
| A county board of mental retardation and developmental disabilities may not disclose to a parent organization the names of the board’s clients or the names, addresses and phone numbers if the parents of the board’s clients unless proper consent is obtained. | |
1992-046 |
Reports and Investigations, R.C. 2151.421 |
| Reports and investigations pursuant to R.C. 2151.421 are confidential and dissemination of such information to an agency or organization is permitted only if the agency or organization has rules or policies governing the dissemination of confidential information consistent with O.A.C. 5101:2-34-38; O.A.C. 5101:2-34-38(F) permits disclosure of child abuse and neglect investigation information when the dissemination of information is believed to be in the best interest of an alleged child victim, his family, or caretaker, a child residing or participating in an activity at an out-of-home care setting where alleged abuse or neglect has been reported, or a child who is an alleged perpetrator. | |
1992-005 |
Federal Income Tax Form W-2 |
| A copy of a federal income tax Form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. | |
1991-003 |
Children Services Agency’s Child Abuse Investigation File |
| Federal tax return information filed by an individual pursuant to R.C. 3113.215(B) (5) and a local rule of court is a public record; confidentiality of federal income tax returns is inapplicable to income tax returns submitted to a court of common pleas by a litigant in connection with a child support determination or modification proceeding in that court. | |
1991-053 |
Federal Tax Return Information |
| County prosecuting attorney may release children services agency’s child abuse or neglect investigation file only with written permisfsion of agency executive secretary; executive secretary may only grant permission for good cause; child abuse or neglect investigation records are not public records. | |
1990-103 |
County Recorder, Document Redaction |
| Absent statutory authority, county recorder is without authority to delete documents from the records of the county recorder. | |
1990-102 |
Records Filed with Ohio Taxation Authorities |
| Public Records Act does not make confidential all records filed with Ohio taxation authorities; specific revised code sections make particular information confidential. | |
1990-101 |
Juvenile Offender Records |
| Records of juvenile offenders are not public records to the extent they are law enforcement investigator records; sealed or expunged juvenile records are not public records. | |
1990-099 |
Public School Student Information |
| Public school officials may not release information concerning illegal drug or alcohol use by students to law enforcement agencies where such information is personally identifiable information other than directory information concerning any student attending a public school. | |
1990-057 |
Custody of Public Records |
| Subject to the provisions of R.C. 149.351(A), a county official may, pursuant to a valid contract, temporarily transfer physical custody of the records of his office to a private contractor to microfilm such records at the facilities of the contractor; contract must incorporate sufficient safeguards to prevent loss, damage, mutilation, or destruction of the records. | |
1990-050 |
Public School Employee’s Addresses, Phone Numbers, Names |
| Names, addresses, and telephone numbers of employees of a public school district are public records open to inspection by any person; motive is irrelevant even if for commercial purposes. | |
1990-007 |
R.C. Chapter 1347, Record Inspection |
| Unless state or federal law prohibits disclosure to person who is subject of information kept by Ohio public office, R.C. Chapter 1347 permits person to inspect and copy such information. Chapter 1347 is not a provision of state law prohibiting the release of information under R.C. 149.43. | |
1989-084 |
Personal Information Systems Records, Child Abuse and Neglect Investigatory Records |
| Records that do not constitute personal information systems as used in R.C. Chapter 1347 are not subject to disclosure provision of chapter 1347; child abuse and neglect investigatory records maintained by public children services agency constitute investigatory material compiled for law enforcement purposes within the meaning of R.C. 1347(A)(1)(e). | |
1989-073 |
R.C. 2301.23, Shorthand Notes and Transcripts |
| Shorthand notes taken pursuant to R.C. 2301.20 and transcripts prepared pursuant to 2301.23 are public records unless they include or comprise a record excepted from the definition of public record. | |
1989-055 |
R.C. 117.01, Public Offices |
| A judicial determination that a particular entity is a public office under R.C. 149.011(A) is not determinative of the question whether that entity is a public office under R.C. 117.01(D) for purposes of audit and regulation by the Auditor of State. | |
1989-042 |
Record Retention Schedules, Storage Mediums |
| Providing that properly approved record retention schedules under R.C. 149.333 permit disposal of paper or other original documents after recording by optical disk process, original documents may be destroyed and the recorded information stored on optical disks becomes the original of the public record. | |
1988-103 |
County Veteran Services Commission Application |
| Application to the county veterans service commission for assistance under R.C. chapter 5901 is a public record (now exempt, R.C. 121.22 and 149.43). | |
1987-024 |
R.C. 2744.01(F), Community Improvement Corporation |
| A community improvement corporation organized pursuant to R.C. chapter 724 is not a political subdivision as that term is defined in R.C. 2744.01(F). | |
1987-010 |
Public School, Student Information, Law Enforcement Agency |
| A public school may not forward personal information regarding the first-time use of drugs or alcohol by a student on school property to local law enforcement agencies without the consent of the student’s parent or guardian, or the student, where appropriate. | |
1986-096 |
Loan Application, Director of Development, the Controlling Board, or the Minority Development Financing Commission |
| Disclosure of the number of persons employed by an applicant at the time of application for a loan is prohibited where such information is submitted to the Director of Development, the Controlling Board, or the Minority Development Financing Commission in connection with a loan application. | |
1986-089 |
Personnel File, Exempted Village School District, Public Record |
| A personnel file maintained by an exempted village school district is a public record except to the extent such file may include records that are excepted from the definition of the term public record. | |
1986-069 |
Ohio Ethics Commission Advisory Opinions |
| A letter requesting an advisory opinion from the Ohio Ethics Commission under R.C. 102.08 and the documents held by the Commission concerning such advisory opinion are public records. | |
1986-033 |
Unemployment Compensation Board of Review, Hearing Records |
| The Unemployment Compensation Board of Review may, in accordance with the specific terms of the schedule of retention pertaining thereto and approved by the State Records Commission, destroy or dispose of its hearing records six months after a decision by the Board of Review becomes final; the hearing records shall be destroyed or disposed of within 60 days after the expiration of the six-month retention period, unless, in the opinion of the Board of Review, they pertain to any pending case, claim or action. | |
1985-087 |
Appraisal Cards, County Auditor, Real Property Assessment |
| Appraisal cards that are kept by the office of the county auditor and that contain information used in the evaluation and assessment of real property for purposes of taxation are subject to public inspection and disclosure of such documents does not violate either R.C. 5715.49 or R.C. 5715.50. | |
1984-084 |
Rehabilitation Services Commission, Client Records |
| Client records held by the Rehabilitation Services Commission in connection with the state vocational rehabilitation services program are not public records and cannot be disclosed without the consent of the person to whom the records relate. | |
1984-079 |
Grand Jury Subpoenas |
| Grand jury subpoenas while in possession of the clerk of courts prior to I issuance in accordance with R.C.2939.12 are not public records. | |
1984-077 |
Juvenile Records, Authorized Inspection |
| Under R.C. 1347.08, a juvenile court must permit a juvenile or a duly-authorized attorney who represents the juvenile to inspect court records pertaining to the juvenile unless the records are exempted under R.C. 1347.04(A)(1)(e), .08(C) or (E)(2). Under Juv. R. 37(B), the records may not be put to any public use except in the course of an appeal or as authorized by order of the court. | |
1984-015 |
Department of Mental Retardation and Developmental Disabilities, Medical, Psychological, Social, and Educational Records |
| The director of the Ohio Department of Mental Retardation and Developmental Disabilities may make available to persons approved by the director the medical, psychological, social, and educational records of persons who have been nominated for protective services pursuant to R.C. 5123.58 | |
1983-100 |
Ohio State Board of Psychology, Records Destruction |
| The Ohio State Board of Psychology does not have the authority to expunge or actually destroy its official records except as provided by law; not required to seal any of its official records unless an order sealing the same specifically directs to do so by the court; may seal information or data contained in its official records which are not public records within meaning of 149.43(A)(1). | |
1983-094 |
State Board of Examiners of Architects, Record Retention |
| Since the examinations administered by the State Board of Examiners of Architects are records under R.C. 149.40, and there is no law prohibiting the destruction of such examinations or requiring the retention of such examinations for a specified period of time, such examinations may be disposed of in accordance with a schedule of records retention or an application for records disposal approved by the State Records Commission pursuant to R.C. 149.32. | |
1983-071 |
County Department of Welfare Records, Law Enforcement Agencies |
| A county department of welfare is prohibited from disclosing to law enforcement personnel personal information about applicants for or recipients of Aid to Families with Dependent Children or poor relief unless such law enforcement personnel are prosecuting fraud or seeking child support and are directly connected with the enforcement of the Food Stamp Act or regulations, other federal assistance programs or general relief programs or the applicant or recipient has consented in writing. | |
1983-003 |
Defining Public Records |
| Materials of all varieties (including but not limited to, correspondence, memorandums, notes, reports, audio and video recordings, motion picture films, and photographs) which are received by public officials and employees, or created and maintained by them at public expense, are considered records if they serve to document the organization, functions, policies, decisions, procedures, operations, or other activities of the public office. | |
1982-104 |
Birth and Death Records |
| Birth and death records kept by a probate court pursuant to R.C. 2101.12 are public records which must be made available to any member of the general public as required by R.C. 149.43, regardless of the motive which such member of the public has for inspecting such records. | |
1981-051 |
Medicaid Program Payments |
| Neither federal law nor R.C. 149.43 exempts from disclosure records concerning amounts paid to individual providers by the state of Ohio in connection with the Medicaid program. | |
1981-043 |
City Police Department, News-hook |
| A news-hook maintained by a city police department is not a public record under the terms of R.C. 149.43, and need not, therefore, be disclosed to all members of the public for any reason whatsoever. | |
1981-038 |
Ohio Civil Rights Commission Employee Personnel Information |
| With the exception of confidential law enforcement investigatory records, trial preparation records, and adoption records, the Ohio Civil Rights Commission must disclose to an employee personnel information that is subject to the provisions of R.C. Chapter 1347, including medical records and records the release of which is prohibited by state or federal law, unless state or federal law expressly prohibits disclosure of such information even to the person who is the subject of the information unless it is determined that the disclosure of medical records to the employee may have an adverse effect upon the employee, the Commission must disclose the medical records to a physician, psychiatrist, or psychologist designated by the employee, rather than to the employee himself. | |
1981-019 |
Ohio Board of Regents, Faculty Service Report and Inventory |
| The faculty inventory and the report on faculty services maintained by the Ohio Board of Regents on computer tapes are not public records as 20 U.S.C. 1 232(b)(1) restricts the public release of such. | |
1981-014 |
Division of Real Estate Complaints |
| Complaints filed with the Division of Real Estate concerning violations of R.C. chapter 4735 except those that qualify as confidential law enforcement investigatory records are public records. | |
1981-006 |
Board of Township Employee Address and Payroll Records |
| Employee address and payroll records maintained by a board of township trustees are public records. | |
1980-103 |
Trial Preparation Records |
| Trial preparation records include only those records specifically compiled by a governmental unit after the unit’s attention has focused upon a particular person or claim, in reasonable anticipation of a civil or criminal proceeding and does not include those records routinely compiled by a governmental unit as a matter of common practice. | |
1980-096 |
Public Records, Disclosure, Exceptions |
| Unless made confidential by law, all records maintained by a governmental agency that are necessary to the agency’s execution of its duties and responsibilities are public records; public records must be disclosed upon request to any member of the public for any reason; records made confidential by law and subject to Ohio’s Privacy Act may not be disclosed to the public at large, but must be disclosed to the person who is the subject of the records; records pertaining to confidential law enforcement investigations, trial preparations, and adoptions may not be disclosed to either the public at large nor to the person who is the subject of the records, except adoption records may be disclosed with consent of the court. | |
1979-023 |
R.C. 149.99, Definition of Offense |
| As used in R.C. 149.99, ”each offense” means each transaction that results in the removal, destruction, mutilation, transfer or other disposal of records or other damage to records in violation of R.C. 149.351. | |
1977-075 |
Ohio Civil Rights Commission, Final Terms of Conciliation |
| Pursuant to R.C. 4112.05(B), the Ohio Civil Rights Commission may not reveal the final terms of conciliation, written or unwritten, to members of the general public who are not parties to the matters conciliated. | |
1977-043 |
Probate Court, Mental Illness |
| It is not a violation of R.C. 5122.31 to permit unrestricted access to the general and separate indices of mental illness matters filed in the probate court by the public, as they are public records. |
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