Supreme Court case tests penalty system for missing public records

Timothy Rhodes says an eastern Ohio town owes him $5 million for violating state public-records law by failing to provide 911 tapes he requested. Full Story
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gumezin

Columbus, OH

#21 Apr 22, 2011
Will someone please explain to me how some of these justices got to our state supreme court, especially our chief justice?.All we know about the chief justice is that she is catholic and divorced. Nothing about her outstanding legal experience or what law school she attended.Watching the supreme court in action makes one wonder if any of these justices finished law school.
Duane Berry

United States

#22 Apr 25, 2011
Ohio Veteran wrote:
<quoted text>
So how long should 911 tapes be maintained? As long as your tax records are maintained? You do realize that your tax returns are public records don't you?
Please give us your real name so we can request your information from 20 years ago.... I have a reason to see your drivers license information, your property tax records, your birth certificate... those are all recorded documents with the government so under the Freedom of Information Act I have a right to see them. Are you going to deny me that right?
Thats the beauty of the disposal system - its simple. The municipality itself decides how long they will keep such records. But, they need to keep their word. Then when the records become ripe for disposal they simply notify the state archives and they're free to dispose. N. Phila did'nt even do that. They deliberately violated the law for over 16 years and never even created rules for disposal. In short, they are the poster-child for shadow gov't.

I'm sorry if I have offended you but I merely hope to enlighten. You may keep any opinion you choose. For instance, income tax records are not public records because they are exempt from disclosure pursuant to R.C. 149.43. So are the other records that are listed there.

Again, I'm sorry to inform you that the Freedom of Information Act (aka FOIA) only applies to the federal government and its agencies - not to states, state agencies or local gov't entities. But, you can access county records such as property and property tax records via Ohio's public records act. As long as those offices act responsibly as required by the Public Records Act.

If they choose to deliberately violate the act, then I hope you can catch them and nail them. Because that is the only way our records will be protected for the next person that wants them.

Finally, I hope to empower you not to diminish your rights as a citizen. The more people out there watching our government to check for unethicial and dishonest behavior the better. I hope that whay I've offered might be of some use to you and I wish you well on your quest for a transparent and accountable govt.

Since: Jan 10

Cincinnati, OH

#23 Apr 27, 2011
Duane Berry wrote:
<quoted text>
Thats the beauty of the disposal system - its simple. The municipality itself decides how long they will keep such records. But, they need to keep their word. Then when the records become ripe for disposal they simply notify the state archives and they're free to dispose. N. Phila did'nt even do that. They deliberately violated the law for over 16 years and never even created rules for disposal. In short, they are the poster-child for shadow gov't.
I'm sorry if I have offended you but I merely hope to enlighten. You may keep any opinion you choose. For instance, income tax records are not public records because they are exempt from disclosure pursuant to R.C. 149.43. So are the other records that are listed there.
Again, I'm sorry to inform you that the Freedom of Information Act (aka FOIA) only applies to the federal government and its agencies - not to states, state agencies or local gov't entities. But, you can access county records such as property and property tax records via Ohio's public records act. As long as those offices act responsibly as required by the Public Records Act.
If they choose to deliberately violate the act, then I hope you can catch them and nail them. Because that is the only way our records will be protected for the next person that wants them.
Finally, I hope to empower you not to diminish your rights as a citizen. The more people out there watching our government to check for unethicial and dishonest behavior the better. I hope that whay I've offered might be of some use to you and I wish you well on your quest for a transparent and accountable govt.
Actually, R.C.149.43 that you quoted does not prevent the release of Driver's License or property tax information. However, if you would have read farther down, Paragraph 2(a) would apply to 911 tapes as it would provide information as to the identity of a witness or of an individual not charged with a crime.

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