Kasich to speak at GOP convention

Is the state auditor?s office a law enforcement agency?

The office of Ohio Auditor Dave Yost seemed to make at least half a claim to same in denying a public-records request by the Ohio Democratic Party, in part, on an exemption most often cited by police and prosecutors.

The office of Republican Yost refused to release records into its pending investigation of some school districts, including Columbus, for inflating their state report-card scores by altering attendance data.

State law declares that audits by Yost?s office are not public records until they are officially filed and that work papers and other documents underlying audits remain exempt from disclosure even after audits are released.

So, why did the state auditor find it necessary to also deny the Democrats? records-request by invoking the ?confidential law enforcement investigatory records? exemption in state law?

The exemption is designed to protect the identity of uncharged suspects, informants, witnesses and police officers and crime victims who could be endangered, as well as information gathered for probable criminal cases.

A spokesman for the auditor?s office agreed, in response to questions, that the office has no authority to enforce criminal laws. The office is required to refer any potential crimes it finds to police and prosecutors, but can enforce nothing itself.

The spokesman argued that since certain auditor?s investigators are required to be certified peace officers with full police powers, that means their work is of a law-enforcement nature and that their work product is exempt from release.

Auditor?s investigators have made no arrests since Yost took office in early 2011, the spokesman said.

State law defines a ?law enforcement officer,? in part, as one who has the power to arrest violators ?within the limits of (their) statutory duty and authority.?

The auditor?s investigators can arrest no one in the scope of their duties, because the auditor cannot enforce criminal laws.

But, that said, the auditor?s office, otherwise appears to have wide-sweeping authority to withhold its records concerning audits in progress.

As a footnote, any public records from schools gathered by the auditor?s office are not defrocked of their status as public records simply because they have become part of an investigation. The Ohio Supreme Court effectively has ruled: Once a public record, always a public record.

Source: http://www.dispatch.com/content/stories/local/2012/08/06/kasich-to-speak-at-convention.html

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