2011 Ohio 4897
Ohio2011Background
- CORSA is a private nonprofit joint self-insurance pool created by counties, not controlled by government entities.
- CORSA’s members comprise dozens of Ohio counties; it operates like an insurance company with funding primarily from member contributions.
- Bell sought CORSA records under R.C. 149.43 and 149.431, including financial records related to Madison County contracts and board minutes and compensation data.
- CORSA refused, claiming it is not a public office subject to the Public Records Act and that financial/compensation records are not public records.
- Bell brought mandamus actions in the court of appeals to compel disclosure; the magistrate and court of appeals limited the issue to CORSA's status as a public office.
- The Supreme Court affirmed in part, holding CORSA is not the functional equivalent of a public office for records, but remanded on Bell’s financial/compensation-record claims under 149.431.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is CORSA the functional equivalent of a public office? | Bell asserts CORSA is a public office due to funding/mission. | Brooks argues CORSA is a private entity, not a public office. | Not the functional equivalent; CORSA is not a public office. |
| Are CORSA’s financial and compensation records public records under R.C. 149.431? | Bell contends 149.431 requires disclosure of financial/compensation records. | Brooks maintains 149.431 does not require disclosure since CORSA is not a public office. | The court erred in denying disclosure; remand for evidence on 149.431 claims. |
Key Cases Cited
- Oriana House, Inc. v. Montgomery, 110 Ohio St.3d 456 (2006-Ohio-4854) (set forth functional-equivalency test for private entities as public offices)
- State ex rel. Repository v. Nova Behavioral Health, Inc., 112 Ohio St.3d 338 (2006-Ohio-6713) (nearly 92% funding from public sources signals government funding weight)
- State ex rel. Fostoria Daily Rev. Co. v. Fostoria Hosp. Assn., 40 Ohio St.3d 10 (1988-Ohio-) (hospital public-office test used prior to 2006 modification)
- State ex rel. Am. Civ. Liberties Union of Ohio, Inc. v. Cuyahoga Cty. Bd. of Commrs., 128 Ohio St.3d 256 (2011-Ohio-625) (redefines private entity public-institution determination under 149.011(A))