Summary
The Ohio Supreme Court considered a mandamus action seeking public records from Governor Ted Strickland concerning the governor's education-funding plan. The court held that the governor acted reasonably in reviewing a broad request and issued a limited writ requiring continued review, appropriate redactions, and production of responsive records within a reasonable time. Attorney fees and statutory damages were denied at that time.
Topics
Practice areas
Questions Presented
- Whether the governor acted within a reasonable time in responding to Morgan's broad public-records requests under R.C. 149.43.
- Whether the governor could review potentially responsive records for exempt material and make redactions before producing copies.
- Whether Morgan was entitled to statutory damages and attorney fees.
Holdings
- Considering the broad scope of the requests and the volume of potentially responsive records, the governor acted reasonably and within the parameters of R.C. 149.43 by continuing to search, review, and produce records, although he failed to comply with the portion of his public-records policy requiring an estimate of completion time, cost, and possible exemptions or redactions.
- The governor was not required to provide the remaining records immediately without review; however, he was required to continue reviewing the responsive records, make appropriate redactions, and provide copies within a reasonable time.
- Morgan's requests for attorney fees and statutory damages were denied at that time.
Key quotations
“Because the requested records serve to “document the * * * functions, policies, decisions, procedures, operations, or other activities of the office” of the governor, see R.C. 149.011(G), particularly as they relate to his school-funding plan, we grant a limited writ of mandamus to compel the governor to continue reviewing the potentially responsive records and to provide copies of them to relator within a reasonable time.” (¶ 1)
“The determination of whether the governor complied with his statutory duty to timely provide copies of the requested records depends upon all of the pertinent facts and circumstances.” (¶ 10)
“Given the broad scope of the records requested, the governor’s office’s decision to review the records before producing them, to determine whether to redact exempt matter, was not unreasonable.” (¶ 17)
“Therefore, because the requested records serve to “document the * * * functions, policies, decisions, procedures, operations, or other activities of the office” of the governor, see R.C. 149.011(G), particularly as it relates to his school-funding plan, we grant a limited writ of mandamus to compel the governor to continue reviewing the remaining responsive records and, after making appropriate redactions, to provide copies to Representative Morgan within a reasonable time.” (¶ 20)
Factual background
Morgan requested documents, correspondence, and emails concerning the governor's proposed evidence-based school-funding model and education funding generally. The request generated a search identifying more than 8,700 potentially responsive emails comprising more than 74,000 pages. The governor's office produced some records but continued reviewing the remaining records for exempt material and appropriate redactions before release.
Procedural history
Morgan made broad public-records requests to the governor's office concerning the governor's education-funding plan. After receiving no initial response, he filed an original mandamus action. The Supreme Court of Ohio granted expedited consideration and an alternative writ; the governor's office subsequently produced some records and continued searching and reviewing potentially responsive records.
Remand instructions
The governor must continue reviewing the remaining responsive records, make appropriate redactions, and provide copies to Morgan within a reasonable time. The parties were encouraged to cooperate toward a mutually acceptable resolution.