2024 Ohio 3062
Ohio Ct. App.2024Background
- Brian M. Ames filed a public records request with the Concord Township Board of Trustees on May 6, 2024, using a pseudonym.
- Ames requested copies of meeting notification rules, staff meeting minutes for 2023-24, and the current records retention schedule.
- Concord Township responded by sending most requested documents over several emails between May 7 and May 14, 2024; one set of minutes (April 3, 2023) was inadvertently omitted and sent after Ames filed his petition.
- Ames filed a Petition for Writ of Mandamus on May 10, 2024, alleging a failure to fully provide records and requesting statutory damages and attorney fees.
- The court converted the Township’s motion to dismiss to a motion for summary judgment and allowed Ames to respond.
- The court ultimately found that all requested records had been provided in a reasonable time and dismissed the petition as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus should issue for records request | Township failed to provide official, signed/approved meeting minutes as records | All requested documents were provided; any delays were promptly corrected | Dismissed as moot; all records provided |
| Statutory damages and attorney fees | Township did not comply in a reasonable time; sought statutory award and attorney fees | Fulfillment was reasonable (within 7 days); damages/fees not warranted | Not awarded; response was reasonable |
| Need for official/signed meeting minutes | Unofficial, unsigned minutes don't satisfy the records request | All minutes were provided and ratified by resolution; no obligation to create new records | No obligation to create new documents |
| Effect of failure to file answer | Not filing answer admitted complaint’s allegations, warrants default judgment | Motion to dismiss converted to summary judgment, answer was not yet required | No default judgment; answer not overdue |
Key Cases Cited
- State ex rel. Long v. Cardington Village Council, 92 Ohio St.3d 54 (mandamus may compel preparation of minutes under Open Meetings Act, not Public Records Act)
- State ex rel. Ames v. Portage Cnty. Bd. of Commrs., 2023-Ohio-3382 (mandamus to compel minutes relates to Open Meetings Act, not Public Records Act)
- State ex rel. Cincinnati Enquirer v. Deters, 2016-Ohio-8195 (reasonableness standard for public records request response)
- State ex rel. Ware v. Galonski, 2024-Ohio-613 (mandamus proper to compel compliance under Public Records Act)