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Public Records Cases in the Ohio Court of Claims

Published: Apr 17, 2017 by Luther Liggett

After nearly six months operation of the new Public Records dispute resolution process, requesters filed 48 cases, or an average of seven a month. This activity is less than expected, likely reflecting that most requesters are not aware of the new expedited system.

Four cases were filed against state universities; only ten against state agencies, and three-quarters filed against local government agencies. Seventeen cases, or one-third of all cases filed, were against one particular city.

Many cases will resolve through the initial, mandatory Mediation stage. The new Public Records process begins with a one-page complaint and a twenty-five dollar fee filed with the local Clerk of Courts.

An initial case decision involved a municipality which rejected a request for personnel records. The Special Master recommended release of documents in a lengthy decision. The Court of Claims adopted the Special Master’s decision, in which the Court addressed several procedural issues including standing. Carlson v. City of Green, No. 2016-00783-PQ, Court of Claims (Dec. 22, 2016).

If you have questions, please do not hesitate to contact attorney Luther L. Liggett of Graff & McGovern at 614-228-5800, ext. 6.