Bernadine K. Kent v. Ohio Department of Education and Workforce

Summary

The Ohio Court of Claims special master recommends judgment for the Ohio Department of Education and Workforce in a public-records dispute because the requester’s demand was overly broad and did not identify specific public records. The report also recommends granting the Department’s motion to strike mediation communications and ordering the requester to bear the costs of the case.

Holdings

1. The request was overly broad and unenforceable because it required the Department to search across its approximately 640 employees for records referencing Kent or her email address without sufficiently identifying a subject, officials, department, or contextual incident; therefore, Kent was not entitled to production relief.
2. The Department did not violate the Public Records Act's response-explanation requirement because that obligation does not include a timeliness requirement when the request is denied.
3. The emails were mediation communications protected by the mediation privilege, and because the privilege was not waived, the emails should be stricken from the public docket and were not considered in the report.
4. Because no violation of the Public Records Act was found, Kent should bear the costs of the action.

Questions Presented

1. Whether Kent's public-records request was sufficiently identifiable and enforceable under R.C. 149.43.
2. Whether the Department violated the Public Records Act by failing to respond within a reasonable time.
3. Whether emails exchanged during mediation were privileged mediation communications subject to being stricken from the record.
4. Whether Kent or the Department should bear the costs of the action.

Disposition

other