Transparency in government isn’t just a good idea, it’s the law. Ohio’s Sunshine Laws are designed to ensure that the public has access to the workings of government, including meetings and records that impact their communities.
At Kocher & Barney, we regularly advise local townships and villages on compliance with these laws and frequently field questions about how they apply in real-world scenarios. Whether you’re a public official or a concerned citizen, understanding the Sunshine Laws is essential to ensuring good governance and protecting the public’s right to know.
What Are Ohio’s Sunshine Laws?
Ohio’s Sunshine Laws consist of two key statutes:
- The Open Meetings Act (OMA) – Requires that meetings of public bodies be conducted openly, with certain limited exceptions.
- The Public Records Act – Grants the public broad access to government records.
Together, these laws are fundamental to promoting transparency, accountability, and public trust in government.
1. The Open Meetings Act (OMA)
The Open Meetings Act mandates that deliberations and decisions by public bodies, such as city councils, township trustees, school boards, and commissions, take place in meetings that are open to the public.
Core requirements include:
- Advance public notice must be provided for all meetings.
- Meetings must be accessible to the public, and accurate minutes must be maintained.
- Executive sessions (closed-door discussions) are permitted only for specific purposes, such as pending litigation, personnel matters, or property transactions, and no votes may be taken during these sessions.
Violations of the OMA can lead to serious consequences, including the invalidation of decisions and potential personal liability for public officials.
2. The Public Records Act
The Public Records Act allows anyone to request public records, no reason or identification required. Public offices must respond promptly and within a reasonable time, unless a specific exemption applies.
Important provisions:
- A “record” includes documents, emails, text messages, photos, videos, and meeting minutes that document public functions.
- Requests do not have to be in writing or include the requester’s name.
- Certain categories of records are exempt from disclosure, such as medical records, attorney-client communications, and specific law enforcement documents.
Failure to comply with a valid records request can result in litigation and damages.
Why It Matters
Open government fosters public confidence and accountability. The Sunshine Laws empower citizens to ask informed questions, monitor public decisions, and engage in civic life.
For public officials, compliance is more than a formality, it is a legal obligation. Even well-meaning missteps made for the sake of expediency can lead to costly consequences and erode public trust.
Need Guidance?
At Kocher & Barney, we help public entities, from townships to villages, navigate Ohio’s Sunshine Laws with confidence and clarity. We also assist private citizens in exercising their right to access government records and participate in public meetings.
If you’re unsure how the Sunshine Laws apply to your situation, or if you need help responding to a records request or planning a compliant meeting, we’re here to help.
Transparency isn’t optional, and with the right guidance, it doesn’t have to be complicated.