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WKEF-TV ABC 22 News :: News - Waste Watch

Waste Watch: Illegal Fees Being Charged for Public Records?

DAYTON -- The Montgomery County Recorders Office is a busy place, with people searching for deeds, liens, any sort of property-related public record.

You can also get them online -- for a fee.

"The cost of doing business is not free," says Montgomery County Recorder Willis Blackshear.

His office charges $300 a year for a subscription to the online service. They get about $60,000 a year from subscribers. But State Auditor Dave Yost says that is illegal.

"You want to print it off with your own ink, your own paper, on your own computer. You can't, unless you give the Recorder money," State Auditor Dave Yost says. "There is no law that allows recorders to impose this kind of a fee."

But Montgomery County isn't alone. Brown and Greene counties charge similar fees, something Yost says has to stop.
       
Blackshear said Yost's opinion is surprising, because Montgomery County's practice of charging for access to records datezs to 2002.

He says the fees pay for maintaining redaction software. It removes all personal information from documents - like Social Security numbers. Blackshear says the online fee actually saves people money.

"If those individuals have to physically come into the office, not only do they have to pay to park but by statute, they have to pay $2 a page to just get a photocopy," Blackshear said.

Yost says the counties have to stop, or this issue could go to court.

"You don't get to decide, well, we want to have a tree fee because we've got trees in the yard or I want to have a door fee before you can come through the door. I'm going to defray the costs of my door and charge you 50 cents. That's not the way it works," Yost said.

If a court rules the practice illegal it may mean the records will be pulled offline.

If you suspect local or state government wasting your money, ABC 22 and Fox 45 would like to investigate the problem. Call the Waste Watch Tipline at 937-262-1426. You can remain anonymous.Waste Watch: Illegal Fees Being Charged for Public Records?

Friday, July 13 2012, 11:33 AM EDT

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