State Ex Rel. American Civil Liberties Union of Ohio, Inc. v. Cuyahoga County Board of Commissioners
128 Ohio St. 3d 256
Ohio2011Background
- ACLU sought mandamus to access TEC and transition workgroup records/minutes under R.C. 121.22 and 149.43.
- Cuyahoga County charter created TAG and TEC to aid transition; TEC/Workgroups were privately organized but connected to county.
- TAG designated three county officials; TEC formed by private NCN and GCP steering committee; TEC/workgroups lacked formal TAG delegation or county funding.
- County posted TEC/workgroup meeting info on county transition website; TAG/TEC meetings were publicly accessible, but records of TEC/workgroups were disputed as public records.
- County treated TEC/workgroup records as private and argued they were not public bodies under R.C. 121.22; sought to rely on private-entity status for public-records access.
- Court denied writ, finding ACLU failed to prove TEC/workgroups are public bodies or functional equivalents of public offices; no mandamus relief for records or minutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TEC and transition workgroups are public bodies under R.C. 121.22 | ACLU argues TEC/workgroups are public bodies as subparts of TAG. | Respondents contend TEC/workgroups not created/delegated by TAG; private coalitions; not public bodies. | No; TEC/workgroups not public bodies under R.C. 121.22. |
| Whether the ACLU is entitled to access TEC/workgroup records under R.C. 149.43 | Records are public records of a public body or its functional equivalent. | Private status of TEC/workgroups forecloses access; no public-office status. | No; public-records mandamus denied. |
| Whether mandamus is the proper remedy for open-meetings concerns | Mandamus is appropriate to compel open meetings/minutes. | Other remedies or already-open proceedings suffice; writ not required. | Denied; not entitled to mandamus for open meetings. |
| Whether prior-records requests or pari materia principles affect entitlement | Records request should be liberally construed; pari materia with R.C. 121.22 and 149.43. | Not precluded; records request adequate and PARI MATERIA not controlling here. | Public-records claim not meritorious; records request not sufficient to compel. |
| Whether TEC/workgroups are the functional equivalent of a public office for the Public Records Act | TEC/workgroups functionally equivalent to public office due to government function/monitoring access. | They are private coalitions with no governmental delegation or funding. | No; not the functional equivalent of a public office. |
Key Cases Cited
- State ex rel. Brown v. Lemmerman, 124 Ohio St.3d 296 (2010-Ohio-137) (mandamus standards; adequate remedy inquiry)
- Dream Fields, L.L.C. v. Bogart, 175 Ohio App.3d 165 (2008-Ohio-152) (Sunshine Laws; public records access)
- State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288 (2006-Ohio-903) (public records mandamus framework)
- State ex rel. Oriana House, Inc. v. Montgomery, 110 Ohio St.3d 456 (2006-Ohio-4854) (functional-equivalency test for private entities as public offices)
- State ex rel. Fox v. Cuyahoga Cty. Hosp. Sys., 39 Ohio St.3d 108 (1988-Ohio-) (prior standards for private entities as public offices)
- State ex rel. Colvin v. Brunner, 120 Ohio St.3d 110 (2008-Ohio-5041) (newspaper evidence not sufficient in mandamus)
- State ex rel. Rocker v. Guernsey Cty. Sheriff’s Office, 126 Ohio St.3d 224 (2010-Ohio-3288) (liberal construction in public records disclosure)
- State ex rel. Mazzaro v. Ferguson, 49 Ohio St.3d 37 (1990-Ohio-) (quasi-agency line of public records access)
- State ex rel. Long v. Cardington Village Council, 92 Ohio St.3d 54 (2001-Ohio-) (pari materia interpretation of R.C. 121.22 and 149.43)
- White v. Clinton Cty. Bd. of Commrs., 76 Ohio St.3d 416 (1996-Ohio-) (pari materia doctrine application)