*1 Therefore, the court of appeals properly complaint dismissed Alicea’s for a writ of mandamus.
Judgment affirmed. Brown, Stratton, O’Connor, Alicea, Clemente pro se. Gains,
Paul J. Mahoning County Prosecuting Attorney, Rivera, Ralph M. Assistant Prosecuting Attorney, appellee. for Bardwell, Appellee,
City Appellants. al., of Cleveland et [Cite as State ex rel. Bardwell v. Cleveland,
126 Ohio
appellants, of Cleveland and Chief Michael McGrath of the Cleveland Police, Division of their under the Public Records Act to organize and maintain public records received from a manner that allows them to be made for available inspection and copying. The court of appeals granted a writ of mandamus to compel appellants to disclose a complete list of pawnbrokers in the city ordered to pay in statutory damages.1 holding premised part
1. This
appeals’
was
finding
on the court of
had
committed
149.43(B)(1) by
violation of
failing
promptly
complete
disclose a
list of
and maintain
failed to
held that
The court of
can made available
a manner that
records in
*2
149.43(B)(2).
by
requested
Among the records
in
with R.C.
compliance
copying”
by
to the
chief
Bardwell,
police
submitted
reports
Brian
were the
appellee,
that
court
concluded
appeals
4727.09. The
of
to R.C.
pursuant
pawnbrokers
is
x
information on both sides
5 inch index cards with
of 3
“[t]he
of
process
copying,
The
number of cards.
unwieldy
It
an
antiquated.
produced
maintaining
not
make effective redactions is
and
in order to
redacting,
recopying
or
The court
inspection
copying.
them available for
in a manner to make
records
in
delay
releasing
to the
substantially contributed
process
finds that this
further
¶
Although
can
they
in a manner that
be made available
public
maintain
and officials to
duty imposed
is no
on
offices
and
there
copying,”
in
were
they
in a
form from the form which
received.
store the records
different
“
of
proceedings,
legal
‘It is
that in mandamus
the creation
the
axiomatic
legislative
function
the
a
to enforce is the distinct
duty that
relator seeks
”
legal duty.’
not
to create the
and courts are
authorized
government,
branch of
Judgment reversed. Stratton, O’Connor, JJ., and O’Donnell and concur separately. J., concurring. *3 I concur in majority’s decision reverse the of the court 149.43(B)(2) appeals, because R.C. not require public does records to be main- tained in Thus, manner or form. city while the outdated method of organizing and maintaining
kers to the chief of delayed resulted production of the Bardwell had requested, nonetheless made those records available to him. However, I although agree 149.43(B)(2) that the city did violate case,
in this mandates that public records be “promptly prepared and made Accordingly, allows, available.” when budget could take advantage technological upgrade advances to its public-records any to minimize responding to public-records requests. J., concur the foregoing opinion. Triozzi, J.
Robert Law, Cleveland Payne Jr., Director and Jerome A. Law, Assistant Director of for appellants.