Hamilton County Commissioners needs a primer on 'promptly'
This matters because the Ohio Public Records Act requires the commissioners to respond to requests "promptly." Recently, and despite this statutory directive, the commissioners withheld a term sheet supplied by the Cincinnati Bengals for nearly two months before providing it in response to a public records request from The Cincinnati Enquirer.
On April 22, The Enquirer sent a request to the county for the following: "copies of all documents and communications... the Bengals have sent the county since Jan. 1 to present." Pretty simple, right?
On April 6, two weeks before The Enquirer request, the Bengals had delivered to the county a proposed "Paycor Stadium Lease Extension." It was one page. And it was unquestionably a "document the Bengals have sent the county since Jan. 1."
So, when did the county produce it? That would be June 12. I hope Ja'Marr Chase runs his routes a little more "promptly" than that. But to be fair, let's talk about how we understand the term "promptly."
There's the dictionary definition. According to Merriam-Webster, "prompt" means "performed readily or immediately." Fair to say that two months isn't "readily or immediately."
We might also consider the Ohio Ethics Commission Public Records Policy. That document says that several factors go into determining what constitutes "promptly." These include the volume of records requested, the proximity of the location where the records are stored and the necessity for any legal review and redaction of the records requested.
The County is 0 for 3 here. The term sheet is one page. Not voluminous by any objective measure. The term sheet wasn't stored in some sort of archival off-site facility. It was one mouse click away. And once the county released the term sheet, there was no redaction. Nor should there have been. There is nothing in the term sheet that would qualify for redaction under the Public Records Act.
In short, The Enquirer made a routine record request. And the Ohio Ethics Commission has something to say about this. According to that document, "[r]outine requests for records should be satisfied in an expedient manner and within three business days. Routine requests are those that do not require an extensive search for responsive documents, detailed pre-release review and/or are not voluminous." The county took 16 times the amount of time recommended by the Ohio Ethics Commission. However, you describe it, that's not "promptly."
Taxpayers deserve access to public records promptly. There's no gray area there. The county commissioners don't own public records. They are, in the words of the Ohio Supreme Court, "the people's records." Given that the commissioners don't own the records, they can't arbitrarily choose when to release them. They must do so promptly. That's just the law.
Jack Greiner is a partner at Faruki PLL law firm in Cincinnati. He represents Enquirer Media in First Amendment and media issues.
This article originally appeared on Cincinnati Enquirer: Hamilton County Commissioners need primer on 'promptly' Strictly Legal
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
21 minutes ago
- Yahoo
Alabama farmer sees new interest within days of Trump's tomato tariff — and says former trade deal ‘never worked' for US
With President Trump's latest tariff announcement, the price of tomatoes could soon be going up in the U.S. On July 14, the Trump Administration announced a 17% tariff on tomatoes imported from Mexico, ending a decades-long trade deal that kept the price of importing tomatoes down in the U.S. Don't miss Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 5 of the easiest ways you can catch up (and fast) Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan 'works every single time' to kill debt, get rich in America — and that 'anyone' can do it 'Mexico remains one of our greatest allies, but for far too long our farmers have been crushed by unfair trade practices that undercut pricing on produce like tomatoes,' said U.S. Secretary of Commerce Howard Lutnick in the press release. 'That ends today.' And while some Americans may not be in support of additional tariffs levied against America's international trade partners, several U.S. farmers stand in strong support of Trump's latest trade move. 'Been two days now and we've actually had a lot more calls' For decades, U.S. and Mexican tomato operations worked under a trade agreement that allowed for relatively easy importation of Mexican tomatoes into U.S. markets. The deal was meant to protect American tomato farmers, but many believe the old trade agreement didn't do enough. 'There's been loopholes that the Mexican tomato producers have taken advantage of and continue to price dump, or lower the prices below the cost of production here in the United States and in Alabama," Blake Thaxton, executive director of the Alabama Fruit and Vegetable Growers Association, told WVTM 13 News. Chad Smith of Smith Tomato Farms in St. Clair County, Alabama echoed Thaxton's concerns with the old trade deal with Mexico. 'If they send the tomatoes over and it's supposed to be a set price and they need to move tomatoes, well, they may just give a load of bell peppers for free for them to take the tomatoes. So, it's never really worked,' said Smith. American tomato farmers had long felt as if they were hard-pressed to compete with the imports from Mexico, but several of them now see better times ahead with Trump's latest tariff news. 'It's only been two days now and we've actually had a lot more calls from people who have an interest in doing business," said Smith. 'And the price hasn't even changed.' As for Thaxton, he believes the potential of a sustainable future for U.S. tomato farmers is important. 'Food security is national security, and we need to be able to produce our own food here in the United States,' said Thaxton. Read more: Nervous about the stock market in 2025? Find out how you can How the new tariff may affect your wallet While some American farmers are hopeful that the tomato tariff will impact their bottom line in a positive way, there's a concern that the changing policy will lead to higher prices at the grocery store. After all, the costs of producing tomatoes are higher in the U.S., thanks in part to American farms paying their workers up to 10 times more per hour than farm workers in Mexico. Thaxton believes the rising tomato costs won't be too dramatic, but other experts appear to be more concerned. In fact, some predict the new tomato tariff could push prices up by 10%. Since American farms face significantly higher production costs than Mexican growers — this includes wages, land, regulation, insurance, property taxes and equipment — these costs may be passed along to American consumers at the grocery store. At this moment, it's tough to predict the exact outcome that the tariff will have on the U.S. tomato market. While it looks like the tariff could help American farmers, it's unclear whether or not it will help American wallets. What to read next Robert Kiyosaki warns of a 'Greater Depression' coming to the US — with millions of Americans going poor. But he says these 2 'easy-money' assets will bring in 'great wealth'. How to get in now Here are 5 simple ways to grow rich with real estate if you don't want to play landlord. And you can even start with as little as $10 Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you? Stay in the know. Join 200,000+ readers and get the best of Moneywise sent straight to your inbox every week for free. This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
Washington Post
23 minutes ago
- Washington Post
Deep Reads: Cracks in the dream
The Vitals had settled in Springfield from Haiti during President Donald Trump's first term and saved money through the Biden administration. Business leaders in their reliably red county praised immigrants for reviving the local economy. Americans struggled to pass drug tests, one factory boss told a TV news crew. Not Haitians. Fernande Vital earned $21 an hour at a Japanese automotive plant, monitoring robots forging car parts, while her husband, Rocher, led a strip-mall church. Even as the GOP and some of their neighbors called for mass deportations, the Vitals were sure nobody meant them, immigrants here legally. So inJuly of last year, they made a down payment of $8,000, their entire nest egg. In August, they moved in, installed lace curtains and hung a family portrait in the dining room. One month later came the cracks. This story follows the Vitals after they dealt with the structural woes in their home and their feeling of belonging in this country. Danielle Paquette reported, wrote and narrated the piece. Bishop Sand composed music and produced audio. Subscribe to The Washington Post here.
Fox News
23 minutes ago
- Fox News
American Eagle stands firm amid backlash to Sydney Sweeney ad campaign
Fox News' Madeleine Rivera reports on the response to American Eagle's Sydney Sweeney ad campaign. 'Fox News Live' panelists Brilyn Hollyhand and Julian Epstein discuss the cultural pushback and what it reveals about today's political climate.
