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Friday, February 15, 2008
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Legal Affairs could bill for records

Published: Friday, February 15, 2008

Dave Hendricks / Campus Senior Writer / dh100006@ohiou.edu

Ohio University could start billing journalists and members of the public for copies of public records that it currently provides free of charge to all but commercial entities.

In a Dec. 31 memo accidentally given to a Post reporter along with a stack requested documents, former Director of Legal Affairs John Burns wrote that Legal Affairs could begin billing media for public records. Another university official said proposed billing changes could extend to all requestors.

Media Specialist Katie Quaranta would not make the Legal Affairs staff attorney who is rewriting the policy available for comment on the proposed changes or the increase in requests between 2006 and 2007. But Joe Brennan, executive director of Communications and Marketing, confirmed that OU is drafting a new policy and recommended The Post speak to the staff attorney Quaranta declined to make available.    

Quaranta ultimately reports to Brennan, who begins a new job in New York Monday.

The memo that revealed the upcoming changes was copied to Brennan, OU President Roderick McDavis and Sally Linder, senior director of Media Relations.

“With the implementation of the new Public Records Policy 40.007 and charging the media (as well as continuing to charge for commercial requests), it will be interesting how that plays out,” reads the memo, one of the last documents Burns wrote during his 36-year tenure as director. “Good luck.”

The Legal Affairs staff attorney will ensure the new policy meshes with the portions of Ohio law that govern public records, which were revised recently, Brennan said.

Changes to the proposed policy can occur both before and after a draft is written, Quaranta said, adding that several legal questions about changing the policy have yet to be answered.

State law allows requestors to be billed for copies of public records.

OU billed 47 requestors for $433.60 during 2007 and collected $539.60, according to the memo. The discrepancy could not be explained because Quaranta would not make a member of Legal Affairs available for comment. Of the 441 total requests, 216 were from the media; 157 of those were from The Post.

Legal Affairs, which has seven staff, recently appointed a new interim director and has an annual budget of $600,000.

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