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Medina County officials warn new state confidentiality rule limits disclosure of development proposals
Summary
County economic development staff told commissioners that Ohio Revised Code §9.66(d) now classifies much incentive-related information as confidential, complicating notifications and public justification of tax-incentive decisions until corrections take effect Sept. 23.
Economic Development Executive Director Bethany Dentler told the Medina County Board of Commissioners that Ohio Revised Code Section 9.66(d) effectively makes most information submitted for economic development assistance confidential and not a public record, creating potential criminal exposure for officials who disclose such data. She said the provision was inserted into the Name, Image, and Likeness Act and went largely unnoticed until April, and that the legislature has since narrowed some categories but the correction does not take effect until Sept. 23.
Dentler said the county has been advised to obtain waivers from incentive applicants and to work with legal counsel during the interim to handle notifications that would otherwise be public records, including school-district notices. Commissioners expressed frustration that the change limits the county's ability to publicly justify tax-incentive decisions with basic project metrics. The county will update application materials and pursue legislative correction while temporarily relying on applicant waivers and counsel guidance.
