Public Records Act Requires that Public Records Be Public

It's always frustrating to me anytime I find myself agreeing with HamCo GOP Chair Alex Triantafilou when he rants against local Democrats. But he's right on the money when he argues that the Cincinnati School Board has crafted a wrong-headed, probably illegal plan to shield applicants for superintendent from public scrutiny.

The Board is once again searching for a superintendent. As the Enquirer reports, the Board has decided that it will receive all applications in a post office box rented specifically for applications. The Board's plan is to leave the applications in the box, removing them as late as possible. It will then take "a reasonable time" to respond to Public Records Act requests for copies of the applications; presumably, "reasonable" means "after the decision has been made by the Board."

This is a bad idea that will probably subject the Board to a mandamus action it cannot win. The Ohio Public Records Act (R.C. 149.43) is broadly written and contains only specific, enumerated exceptions. Our Supreme Court has ruled time and time again that there exists in the law a presumption of disclosure; a public records custodian (such as the Board) has the burden of showing why a record should not be disclosed. And the Board knows that once it's in possession of an application for the superintendent job, it's a public record subject to disclosure. That's why it came up with this scheme to delay "possession" of the materials.

The Public Records Act ensures Ohio citizens that government is at least somewhat transparent. In my civil rights practice, I routinely use the PRA to gather records to determine whether a client has a claim that I can help him or her pursue; the records often provide valuable insight into the actions of government officials or the process by which they arrived at a particular decision. Journalists use the law to gain access to documents for stories for which politicians won't go on the record. Researchers use it to comply statistics.

There may be good reasons to shield superintendent applications from public view. The last time you looked for a job while you were employed, didn't you worry about your current employer learning of your job search? The potential for a superintendent candidate to be outed to his or her employer is a strong disincentive to apply. But our legislature has not recognized that interest as compelling enough to justify an exception to the PRA. And until it does, our school board needs to comply with the law.

Arguing that records in the Board's mail box aren't public because the Board doesn't really "possess them" is a lot like the Bush administration arguing that Gitmo detainees have no rights because they aren't on "American soil." The Supreme Court laughed that defense out of court, and the Ohio Supreme Court, if called upon to do so, will laugh the Board's twisted semantics right out of Columbus. Let's not dilute the laws that are meant to protect our rights as citizens.

Best of Cincinnati Voting Ongoing

The good folks at City Beat are working on their annual Best of Cincinnati issue. You can vote through March 1st here. The Cincinnati Blog is nominated; given the number of very, very good local blogs, I'm not going to be so presumptious as to campaign for your vote. But you should vote for someone in that category, if you're a regular blog reader.

It's always fun to check out the nominees in each category (and you can write in a candidate in any category as well). Some categories are simply too unfamiliar to me to justify a vote ("Tattoos/piercing," for instance). Others seem so broad as to be difficult to cast an informed vote: how many people have been to enough concerts to truly judge which was the "best" in Cincinnati last year?

A couple of my picks: the CAC as a place to take a visitor; Smith Muffler (which appears to have been written in) as best car repair; and Music Hall as best concert venue.

Oh, yeah: I also voted for Randi Rico for weathercaster. I'm hereby initiating a grassroots campaign to have Randi voted Cincinnati's best weathercaster. As I've written before, don't mess with Randi.

New YP Kitchen Cabinet

The key word on the announcement of Mayor Mallory's YP Kitchen Cabinet leardership team is "New". I only recognize one person, and that is because I am friends with her. I've long criticized the many various YP efforts in this city because the groups tended to be run by the same people. Other than my friend who is a great choice for her role, I don't know the other leadership. That is good! On the other hand, ff they don't know anything about the City and were picked because they are being groomed by the powers that be, then we will get more of the same from the YPKC.

Also, unless this group is given funds to actually take action and hold their own events, then this is all just PR for the Mayor, that doesn't do a lot to promote the city and make it more attractive to YPs.

It Snowed, Again!

As someone who grew up an hour South of Buffalo, NY, I have always been amused by the way snow is viewed in the Cincinnati. I get that people are just not used to driving in it. I would think that since we just had two days of driving last week that I would say were must more hazardous, a certain percentage of people might have learned something. My experience last does not indicate many people learned much.

I must point out one big point to people who are driving on the interstate at 20 mph with no one in front of you for miles and with the road actually cleared of a large amount of the snow that has fallen: it can't be safer under the circumstances, so you can go at least 40 mph!!!!

On my 2 hour 45 minute drive home from Mason last night, I was passing people, left and right on I-71 once I got South of the Norwood Lateral. There would be clumps of cars going 20 or 25 and I would pass them by at 40 mph like they were standing still. The people who were going 30 mph in the left lane to pass the person going 20 in the center lane, who was trying to pass the person going 10 in the right lane just don't see how they block traffic because they don't pass with effective level of speed to keep everyone moving along.

I am more and more understand why it is better for many people to just not drive when it snows. When I say it snows, I mean it snows more than 1 inch. I think Chirs Smitherman, COAST, and the Green Party of One might want to get a petition drive going to make that part of the City Charter. If they are going to be extreme, why not be extreme with something that might actual make life easier for everyone!

Cincinnati Imports - Meet Up!

The gang at Cincinnati Imports has organized a meet-up event on February 12th at the Oakley Pub & Grill. The event starts at 5:30, but should go on for quite a while, if I know the blogging community like I do.

The event is open to everyone, not just transplants to Cincinnati. The website is about making it easier for people to meet other people in Cincinnati, so if you have lived here your entire life, or are a returned ex-pat, come on out and meet a diverse group of smart and interesting people.

Broomball Has a New Meaning

I know politicians can hit below the belt on occasion, but I didn't figure they would do it literally. If there are rules men have when playing sports, not hitting another man in the balls with a stick is clearly one of them. I think that is a rule we all can live by, conservatives and liberals alike.

NOTE: He was wearing a cup at the time, so no balls were damaged beyond repair.

Jury Duty: Just Do It

Kate the Great has a great post recounting her friend's story of a man who walked five miles through the snow to meet his jury duty obligation. Stories like this always make me angry about the middle- and upper-class professionals who would rather gnaw off their own limbs than be picked to sit on a jury.

I'm not implying that everyone--or even most people--tries to shirk their responsibility. But enough do that it's become a stereotype (you might hear someone quip, for instance, about the dubious prospect of trying a case to "twelve people too dumb to get out of jury duty"). A few years ago, I witnessed a fellow attorney candidly admit during voir dire that he had absolutely no desire to serve on a jury, and would very much like to be excused. (Two sidenotes: first, one of the attorneys exercised a peremptory challenge to be rid of him, fearful that his client would be the one on whom the lawyer might take out his frustration. Second, the guy wasn't a litigator: most trial attorneys I know would give anything to see a jury work from inside the jury room.)

So when you get that jury notice, instead of thinking about how much work will pile up for you if you have to be away from your job for a few days or how inconvenient it will be to have to go to the courthouse instead of work or wherever else you'd normally be, think about Kate's friend's companion--the one who walked to the courthouse because he didn't have a couple bucks for bus fare.

One of these days, you may need justice from a jury. Perhaps you'll be accused of a crime, or the victim of a crime. Maybe something bad will happen to you, and you'll need to sue the wrongdoer, or maybe someone will accuse you of being a wrongdoer and sue you. And when you do, you'll want to know that there are some people like you in the jury box. And the only way that happens is if people like you--like YOU--serve on juries.