COLUMBUS — As a state senator, Attorney General Marc Dann twice sued the Taft administration for public records. He likes to be known as "Mr. Public Records," and wrote a model policy on how local and state government should handle records requests.

The policy — which is unpopular with some local officials — calls for immediately fulfilling requests for routine information, e-mailing electronic data as quickly as equipment allows, and responding to all other requests within three days with at least a note acknowledging the request.

In some cases, however, it seems Dann has not been living up to these ideals.

"I asked for something in May. I still haven't gotten it," said Catherine Turcer of Ohio Citizen Action. During the state budget deliberations, she wanted any communications between Dann's office and a coking company. "I called repeatedly," said Turcer.

The Dayton Daily News asked for e-mail records in June but has received a small portion of the records so far. University of Akron graduate student Jennifer Thrasher of Stowe in July asked for e-mails to and from key staff members in Dann's office. She's still waiting for the bulk of the data.

"I would imagine that at the end of the day she's going to get them from us," Dann spokesman Leo Jennings III said.

Jennings said he isn't sure what happened with Turcer's request but argued that the office does follow its own policy on public records.

"I think you'd be hard pressed to find a public office that's more open than we are," he said.

When Dann took office in January, he announced e-mails would be retained for 180 days in the interest of transparency, instead of 30 days.

"Good government is open government, and we cannot be responsive to citizen requests for information if the information is routinely destroyed, including electronic communication such as e-mails," Dann said in a press release announcing the policy.

But any member of the public wanting to view those mails will have to wait. Dann's office must review those e-mails to make sure confidential information, such as attorney advice to clients or investigation material, isn't made public, Jennings said.

Even routine data can sometimes be obtained more quickly through other state offices.

For example, the Daily News asked for two personnel files from both Dann's office and the Department of Administrative Services. Dann's office took six days to provide the information; DAS took less than six hours.

"All I can say is we turn it around as fast as we could up there. I haven't always been happy about how long it takes but whether it's a staffing issue or what, we produce it," Jennings said.

Contact this reporter at (614) 224-1624 or lbischoff@DaytonDailyNews.com.

Some agencies refuse to adopt model policy on records requests

Attorney General Marc Dann's office wrote a model policy on how public agencies should handle records requests, but some agencies have balked at implementing the policy.

"We do think it takes some liberties in interpreting the law," said Josh Hahn, policy analyst for the County Commissioners Association of Ohio.

The Ohio School Boards Association told its 600-plus districts not to adopt Dann's policy. "I strongly believe that a model policy should serve as a guide to the requirements of the law, not contain position statements unsupported in law," said Hollie Reedy, legal services director for the OSBA.

Dann spokesman Leo Jennings III said, "Marc believes open records should be just that – open records. So our policy reflects his philosophy, which is not just the letter of the law but the spirit of the law."

The new law requires local governments to:

• Adopt a public records policy.

• Post the policy in a conspicuous place.

• Give the policy to the records manager.

• Have their records retention policies readily available.

• Disclose any redactions from records.

• Organize records so that they can be made available for inspection and copying.

• Tell requesters how records are organized and that they can revise their requests.

• Explain any denials.

• Respond to any written requests in writing.

• Provide material on the medium — paper or computer disk — the requester wants, if possible.

The law increases the penalties for failing to comply with a public records request, particularly those that are in writing. The courts can order damages up to $1,000 a day, plus attorney fees.