2024 Ohio 1909
Ohio2024Background:
- Alphonso Mobley Jr. requested a certified copy of the director's bond from the Ohio Department of Rehabilitation and Correction for 2021-2022 under Ohio's Public Records Act.
- The Secretary of State's office initially provided an uncertified copy, informing Mobley that a certified copy required a $5 fee.
- Mobley later submitted a new request with a $5 check, but did not immediately receive the certified copy.
- Mobley filed a mandamus action demanding the certified copy, statutory damages, and court costs.
- The Secretary of State sent the certified copy six business days after Mobley filed suit.
- The court found that Mobley ultimately received the requested document and had not shown that any additional, responsive records existed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mandamus claim for certified copy | Mobley claimed non-receipt of certified copy | Secretary provided certified copy after suit filed | Moot – claim extinguished by subsequent production |
| Completeness of provided record | Claimed the copy was incomplete | Secretary said all responsive records were provided | Mobley failed to prove additional records exist |
| Statutory damages | Sought damages for untimely certified copy | No obligation to provide certified copy under statute | No damages – certified copy not required by statute |
| Court costs | Sought costs under R.C. 149.43(C)(3) | Not entitled if writ denied and indigent | No costs awarded |
Key Cases Cited
- State ex rel. Bey v. Byrd, 167 Ohio St.3d 358 (delineating the mandamus standard under Ohio's Public Records Act)
- State ex rel. Toledo Blade Co. v. Toledo-Lucas Cty. Port Auth., 121 Ohio St.3d 537 (mandamus claims moot when records are provided)
- State ex rel. Call v. Fragale, 104 Ohio St.3d 276 (certified copies not required under Ohio Public Records Act; separate statute may authorize a fee for certified copies)