Strickland, Brunner, Dann misleading and hypocritical in their attempts to stonewall public access
COLUMBUS - Ohio Republican Party Spokesman John McClelland issued the following statement in response to comments made by Democrats regarding a longstanding and unfulfilled request for public records:
"The governor's spokesman is dead wrong in his accusation that we disavowed the request for these records. To the contrary, we proactively notified reporters of the request when it became clear that the governor, the attorney general, and the secretary of state violated the law. His false statement is a poor attempt to distract from the Democrats' disregard for public access.
It's time for the governor and the attorney general to stop making excuses about the cost and time involved in fulfilling the requests. The Ohio Supreme Court has made clear that the right to inspect public records cannot be obstructed by officials who claim that it is a waste of their time to comply with this law.
Marc Dann's entire campaign for office was based on the pursuit of public records. He filed numerous broad requests and pursued costly litigation against the state in his demands for public access. Now he complains that complying with the law is a burden for his office. He is obstructing the very transparency he once touted as central to good government. It is legally indefensible and completely hypocritical."
Dann's own website proudly declares that "[d]emocracy flourishes when government operates in the sunshine, available to the citizens it serves and open to public scrutiny." (Attorney General Dann official website, Accessed 3/20/08)
Ohio Attorney General's Public Records Handbook (Page 50): "The Ohio Supreme Court has repeatedly indicated that a requestor's motive in accessing public records is irrelevant."
Ohio Supreme Court: "No pleading of too much expense, or too much time involved, or too much interference with normal duties, can be used by [a public office] to evade the public's right to inspect and obtain a copy of public records within a reasonable time." (Fox v. Cuyahoga County Hospital System)
"Public records are one portal through which the people observe their government, ensuring its accountability, integrity, and equity while minimizing sovereign mischief and malfeasance." (Kish et al v. City of Akron)
The Plain Dealer: "Getting government officials to turn over e-mail and text messages to the public should be as easy as getting them to hand over any public record. It should be, but it isn't. And that news has dimmed the spirit of Sunshine Week, this annual effort to shed light on the public's legal and legitimate right to information about its government. ... Corruption flourishes in the dark. And e-mail - so wonderfully immediate, so informal - cannot be allowed to become a refuge for public officials hoping to cut a corner here or a deal there out of public view." (Editorial, "Government email? The law should say it's for you," The Plain Dealer, 3/19/08)
Canton Repository: "But this is part of the beauty of Ohio's public records law: You don't need to say why you want to see public documents. You own them. They are yours to see for whatever reason you wish, and they are to be made available to you quickly." (Editorial, "Public officials need public records, too," Canton Repository, 3/30/06)
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