Diebert v. North Baltimore Police Department

Summary

The Ohio Court of Claims overruled the requesters’ objections to a special master’s recommendation in a public-records action against the North Baltimore Police Department. The court granted the department’s motion to dismiss for failure to comply with filing and pleading requirements under R.C. 2743.75, dismissed the action without prejudice, and ordered the parties to split court costs.

Holdings

1. The court could not consider the attachment because a reviewing court may not add new matter to the record and decide the case on that basis.
2. Dismissal under R.C. 2743.75(D)(2) was proper because the Dieberts failed to comply with the deadline and order for a second amended complaint and submitted filings that did not satisfy the required form, service, and basic pleading requirements.
3. The Dieberts were not entitled to another opportunity to amend because Civ.R. 60 did not apply to the circumstances, and allowing another amendment would conflict with the expeditious and economical purpose of the statutory public-records process.
4. The dismissal had to be without prejudice because it was not based on the merits.
5. The court costs were properly split between the parties as an exercise of the trial court's sound judicial discretion.

Questions Presented

1. Whether the special master erred in finding that the Dieberts' second-amended-complaint filings were untimely.
2. Whether the court could consider a USPS tracking attachment submitted with the objections but not part of the record before the special master.
3. Whether alleged deficiencies in the mediation affected the recommendation for dismissal.
4. Whether the Dieberts were entitled to another opportunity to amend their complaint through a Civ.R. 60 motion or otherwise.
5. Whether the special master properly relied on Schaffer v. Sheets for the requirement that a public-records complaint be filed on the form prescribed by the clerk.
6. Whether dismissal should be without prejudice and whether court costs should be split between the parties.

Disposition

dismissed