Changes in Disclosure May Create Greater Access to Records

May 2015

IN THIS ISSUE

— Open Records Requests As a Research Tool
— The Growth of Open Records Coverage

GREETINGS!

Welcome to the May edition of our newsletter! In this issue, we’ll examine how changes in disclosure requirements can assist investigative efforts.

OPEN RECORDS REQUESTS AS A RESEARCH TOOL

Open records requests, both on the state and federal level, can be a powerful tool when a researcher seeks to learn the inner workings of a regulatory agency, or about a company or individual’s dealings with that agency. With some exceptions, correspondence between individuals, and about various topics, can often be obtained via these methods. These, in turn, can help a researcher understand why certain decisions were made, and who may have influenced those decisions.

Certain types of records are typically exempt from being requested, either on state or federal levels. These most often include an agency employee’s personnel records, as well as anything that could constitute a trade secret, or communications to which privilege has been attached. But official meeting logs, travel records, and other valuable data is generally available to be requested under the appropriate act.

THE GROWTH OF OPEN RECORDS COVERAGE

Recently, some entities which have typically been excluded from open records requests have, according to certain court rulings, been found to be subject to those requirements. A recent case in Ohio, where a student journalist sought arrest record information from campus police at a private Ohio college, is one example. The Ohio Supreme Court found that while the college was not a state entity, its campus police officers were certified by the state, and in a 4-3 ruling held that the campus police department is “performing function that is historically a government function.” Dissenting justices argued that the campus police department was not created by the Ohio legislature, and thus should not be subject to the statute, and the ramifications of the case beyond Ohio, if any, are unclear.

The case does demonstrate the popularity of using open records requests as a research tool, both in academia and the private sector. As a complement to traditional public records research, open records requests can add depth, context and potentially relevant details that might have otherwise been left undiscovered if the request had not been made.