Nearly two months have passed since we published our first article on the theft of nearly $722,000 from the City of Athens. It’s been about a month since our last update on the situation. Undoubtedly you still have questions about the theft.
As do we. I’d love nothing more than to fill you in on all the details. Trouble is, I can’t get those details because the city refuses to share them through public records requests.
On Dec. 4 and Dec. 12, 2024, I asked the city to release an array of public records that would help to shed light on the case. I got some of them, but they refused to release some of the most important ones — documents that would explain exactly how the city fell for a phishing scam; details of how the theft was discovered and the timeline of subsequent actions; and its hiring of a national law firm to represent it in the lawsuit filed Dec. 4.
The city claims these documents are not subject to public records laws because they are “confidential law enforcement investigatory records” or protected by attorney-client privilege.
None of the records I asked for fall under the legal definition of confidential law enforcement records (see ORC 143.43 §2). I didn’t ask for anything that would contain actual legal advice, so attorney-client privilege doesn’t apply, either.
The city has no reason to withhold these records other than to shield public officials from embarrassment, and that doesn’t count.
Open records laws prevent governments from keeping secrets about the work they do in our names. Obviously, some things need to be kept secret, but that list is fairly short and specific. If it doesn’t reveal private personal information, public security or legal advice, it’s pretty much fair game.
Last month, I was told that the city would consider my objections to their withholding records. I’ve followed up repeatedly. Not a peep.
So if you’re wondering why we haven’t had more reporting on this story, now you know why. It’s not because we haven’t tried — it’s because the city refuses to follow the public records law.
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