The Ohio Public Records statute, R.C. 149.43 establishes the types of records that state officials and political subdivisions must make available to requesting individuals. The law requires public officials to “promptly” provide access to records and requires the payment of attorney fees and statutory damages when records are not made available in a reasonable time.
In Strothers v. Norton, 131 Ohio St. 3d 359, 2012-Ohio-1007, the Ohio Supreme Court had the opportunity to determine whether statutory damages and a writ of mandamus were appropriate in a case involving a request for voluminous records demanded to be produced in only a very short period of time. On December 2, 2010, Mr. Strothers requested voluminous records related to the City of East Cleveland jail, including records related to food and laundry services; finances; bedding purchases; plumbing and repairs; medication administration; extermination and pest control; and other records far too numerous to enumerate. On December 9, 2010, only one week after the records request, Strothers filed a petition in the Court of Appeals for a writ of mandamus to compel access to the requested records. The City provided access to all requested records within 45 days, however, the Court of Appeals awarded Strothers $1,000 in statutory damages.
The Ohio Supreme Court reversed, finding that statutory damages were not appropriate. The Supreme Court noted that the time to respond to a request for public records is dependent upon the facts and circumstances involved and varies from case to case. The Supreme Court held that the one week Strothers gave the City to respond before filing suit was unreasonably short; the 45 days the City took to respond to Strothers’ request was reasonable; and neither the writ of mandamus nor statutory damages were appropriate.
The Ohio Public Records statute is both lengthy and complex. There are several dozen classifications of records which do not need to be produced. Even in situations where public records need to be produced, a review of those records before disclosure is necessary to make appropriate redactions. The decision in Strothers recognizes the impracticalities of providing access to voluminous records in a short period of time.
Should you have any questions regarding this decision, Ohio’s Public Records Statute, or any other question regarding governmental/public entity liability, please do not hesitate to contact a member of our Governmental/Public Entity Liability Group.
