State ex rel. Ware v. DeWine, 2019 Ohio 5203

Relator Kimani Ware, an inmate at Trumbull Correctional Institution, mailed a certified public-records request to Governor DeWine’s office in late January 2019; the governor’s office acknowledged receipt on January 28, 2019.
Ware alleged he never received a substantive response and sought a writ of mandamus and statutory damages for undue delay under R.C. 149.43(C)(1).
The governor’s assistant chief counsel, Sean McCullough, averred the office mailed responsive records on March 19, 2019 (with prison records showing legal mail receipt and Ware’s signature) and re-mailed the records on May 28, 2019.
Ware later conceded he received the May 28 mailing but maintained he did not personally receive the March 19 mailing; he also challenged completeness of responses to two requests (records management manual; index of county commissioners).
McCullough attested the office does not maintain a records management manual and that no county-commissioners index existed in the governor’s files; he also attested the list of appointees provided was complete.
The magistrate and then the appellate panel granted summary judgment for the governor, finding the office made the records “available,” the March 19 mailing satisfied the duty to provide records promptly, and no basis existed for statutory damages; the writ was denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent fulfilled the public-records request	Ware: never received the initial mailing; records not produced	DeWine: records were mailed to institution March 19; custody receipt shows delivery	Court: fulfilled — mailing to institutional authorities satisfied the duty to "make available" the records
Whether any delay was undue (timeliness/statutory damages)	Ware: lack of timely substantive response entitles him to statutory damages	DeWine: time from acknowledgement (Jan 28) to mailing (Mar 19) was reasonable under the circumstances	Court: no genuine issue; response was within a reasonable period; no statutory damages awarded
Completeness / existence of certain records requested	Ware: response incomplete (no records management manual; incomplete commissioners/appointees list)	DeWine: office does not maintain a records management manual or a commissioners index; the appointees list provided was complete	Court: public-records law does not require creation of records that do not exist; no duty to produce non-existent records
Whether conflicting affidavits create a material factual issue	Ware: his affidavit denying receipt creates a dispute of fact	DeWine: institutional receipt and McCullough’s affidavit corroborate mailing; institution’s delivery is dispositive given inmate status	Court: no material factual dispute; institutional receipt disposes the issue and precludes relief

State ex rel. Berger v. McMonagle, 6 Ohio St.3d 28 (establishes three requirements for mandamus)
Dresher v. Burt, 75 Ohio St.3d 280 (summary-judgment burden and evidence requirements)
Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (summary-judgment standard/prongs)
State ex rel. Gannett Satellite Info. Network, Inc. v. Petro, 80 Ohio St.3d 261 (public-records act purpose—expose government to public scrutiny)
State ex rel. Morgan v. Strickland, 121 Ohio St.3d 600 (timeliness of governor’s response depends on all pertinent facts and circumstances)
State ex rel. Wadd v. Cleveland, 81 Ohio St.3d 50 ("promptly" given its ordinary meaning)
State ex rel. Lanham v. Smith, 112 Ohio St.3d 527 (public-official not required to produce records that never existed)