OAG 1994-006.

Case DateMarch 18, 1994
CourtOhio
Ohio Attorney General Opinions 1994. OAG 1994-006. March 18, 1994OPINION NO. 1994-006The Honorable Alan R. Mayberry Wood County Prosecuting Attorney One Courthouse Square Bowling Green, Ohio 43402 Dear Prosecutor Mayberry: You have requested an opinion concerning records maintained by the county recorder. You specifically ask: 1.
Are members of the public allowed to remove deed, mortgage, or other record books from the recorder's office to make copies thus avoiding the statutory fees for the same?
2.
Can the county recorder charge less than the $1.00 per page photocop[y]ing charge under [R.C. 317.32(I)] to certain attorneys, title companies, etc.?
3.
If a microfiche has a hundred documents or a roll of film contains five hundred documents, can a member of the public pay for the cost to reproduce such fiche or roll rather than pay the $1.00 per page charge under [R.C. 317.32(I)]?
Duties of County Recorder
In order to answer your questions, it is first necessary to examine the statutory scheme governing the county recorder's duties generally with respect to deeds, mortgages, and other records. As stated in State ex rel. Preston v. Shaver, 172 Ohio St. 111, 114, 173 N.E.2d 758, 760 (1961): "A county recorder is an elected public official charged with the performance of duties as prescribed by statute." For example, R.C. 317.08 imposes upon the county recorder the duty of keeping various records, including deeds, mortgages, powers of attorney, plats, leases, and corrupt activity lien notices. See also e.g., R.C. 317.081 (county and township zoning resolutions); R.C. 317.09 (recording and filing notices of federal tax liens); R.C. 317.10 (notice of matters in bankruptcy); R.C. 317.18 (maintenance of direct and reverse indexes). With respect to such records, R.C. 317.13 states, in part:
The county recorder shall record in the proper record, in legible handwriting, typewriting, or printing, or by any authorized photographic process, all deeds, mortgages, plats, or other instruments of writing required or authorized to be recorded, presented to him for that purpose.... On the record of each instrument he shall record the date and precise time such instrument was presented for record. All records made, prior to July 28, 1949, by means authorized by this section or by [R.C. 9.01](fn1) shall be deemed properly made. (Footnote added.)
Further responsibilities are imposed upon the office of county recorder by R.C. 317.07, which states in part: "On going out of office, each county recorder shall deliver to his successor the seal of office, all books, records, and other instruments of writing belonging to the office, and take his receipt for them."(fn2)
Public's Right of Inspection Under R.C. 149.43
The public's right of access to "public records" is established in R.C. 149.43, which states in relevant part:
(B) All public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Upon request, a person responsible for public records shall make copies available at cost, within a reasonable period of time. In order to facilitate broader access to public records, governmental units shall maintain public records in a manner that they can be made available for inspection in accordance with this division. (Emphasis added.)
For purposes of R.C. Chapter 149, the term "public record" means, with certain exceptions, "any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units." R.C. 149.43(A)(1). The right granted to the public by R.C. 149.43(B) is to have public records "available for inspection...at all reasonable times during regular business hours." R.C. 149.43(B) also states that the person responsible for any public records must, upon request...

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