State ex rel. Plunderbund Media v. Born (Slip Opinion)
141 Ohio St. 3d 422
| Ohio | 2014Background
- Plunderbund seeks records documenting threats against the governor held by the Department of Public Safety (DPS) director.
- DPS asserted records are security records exempt from disclosure under R.C. 149.433; no records, even redacted, would be produced.
- Requests included the number of investigations and a final version of an investigation report, not witness statements.
- Plunderbund argued some records could fall outside the security-records exemption and sought redacted or cover-sheet information.
- The Ohio Supreme Court denied the writ of mandamus, holding the records are security records under R.C. 149.433(A)(3)(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether governor-threat records are security records under R.C. 149.433(A)(3)(a). | Plunderbund contends records may not all be security records; threat details could be public. | Born/ DPS argue records contain information directly used for protecting security of a public office and thus are exempt. | Yes; records are security records and exempt. |
| Whether mandamus is proper to compel disclosure under the Public Records Act. | Plunderbund seeks mandatory disclosure via mandamus. | Department argues no right to disclosure due to security-exemption. | Writ denied; mandamus not warranted. |
| Whether in camera review or other proceedings are necessary. | Requests court to inspect documents for good faith. | Court need not review actual documents to resolve issue. | Not necessary; issue resolved on statutory exemption. |
Key Cases Cited
- Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288 (2006-Ohio-903) (mandamus appropriate remedy under public records act; liberal disclosure rule)
- Rocker v. Guernsey Cty. Sheriff’s Office, 126 Ohio St.3d 224 (2010-Ohio-3288) (liberal construction in favor of disclosure; entitlement shown by clear and convincing evidence)
- Doner v. Zody, 130 Ohio St.3d 446 (2011-Ohio-6117) (clear and convincing standard for mandamus; entitlement required)
- Waters v. Spaeth, 131 Ohio St.3d 55 (2012-Ohio-69) (clear and convincing standard for mandamus; burden to show right and duty)