State ex rel. Boddy v. Xenia Community City School Dist. Bd. of Edn.

Summary

The Supreme Court of Ohio held that an email-distribution list used to disseminate a school superintendent’s newsletter is a public record under R.C. 149.011(G). The school district failed to establish that the list fell within the Public Records Act’s state-or-federal-law exemption because it did not submit the list for in camera inspection or provide evidence showing that it contained protected student information. The court granted a writ of mandamus, ordered production of the list with protected personally identifiable information redacted, and awarded statutory damages, court costs, and reasonable attorney fees.

Holdings

1. Leave was properly granted to substitute an otherwise identical affidavit containing the omitted notary signature because the motion was unopposed and would not prejudice Boddy or delay the case.
2. The school district's second motion for leave to substitute evidence was denied because it sought to remove allegedly privileged materials after Boddy had relied on them in her merit brief, which would prejudice her and would be futile.
3. The school district waived attorney-client privilege as to two emails by voluntarily submitting them as evidence twice and failed to establish the inadvertent-disclosure exception in Evid.R. 502(B). Its motion to retrieve the materials was therefore denied.
4. The email-distribution list is a public record under R.C. 149.011(G) because it is an item created by and under the jurisdiction of the school district that documents particular functions and procedures of the district by showing how and to whom the superintendent's newsletter is distributed.
5. The school district failed to prove that the email-distribution list fell squarely within the Public Records Act's exemption for records whose release is prohibited by state or federal law.
6. Boddy established a clear legal right to production of the email-distribution list and the school district had a corresponding clear legal duty to produce it; the writ of mandamus was granted.
7. Boddy was entitled to $1,000 in statutory damages, mandatory court costs, and reasonable attorney fees because the district failed to promptly produce a properly requested public record.

Questions Presented

1. Whether the email-distribution list used to distribute the superintendent's newsletter is a record under R.C. 149.011(G) and therefore a public record subject to disclosure.
2. Whether the school district established that the email-distribution list fell within the Public Records Act's exemption for records whose release is prohibited by state or federal law.
3. Whether the school district waived attorney-client privilege by twice submitting allegedly privileged emails as evidence and failing to establish inadvertent disclosure under Evid.R. 502(B).
4. Whether Boddy was entitled to statutory damages, court costs, and attorney fees.
5. Whether the school district should receive leave to resubmit revised evidence.

Disposition

writ_granted