In his propositions of law, Kerner essentially asserts that the court of appeals erred in denying the writ. Kerner claims that the requested names and addresses of STRS members who have completed five years of service credit and who have made no contributions during the preceding sсhool year are public records that must be disclosed under R.C. 149.43. For the reasons that follow, Kеrner’s argument lacks merit, and we affirm the judgment of the court of appeals.
Initially, as the board cogently noted both below and on appeal, it has no duty to create a new document by searching for and compiling information from its existing records. See State ex rel. Lanham v. Ohio Adult Parole Auth. (1997),
In other words, a compilation of information must already exist in public records before access to it will be ordered. State ex rel. Scanlon v. Deters (1989),
Here, the evidence establishes that the board did not have the requested compilation of names and addresses of STRS members who have completed five years of service credit and who have made no contributions during the preceding school year. In order to create the requested records, the boаrd would have had to reprogram its computer system. Therefore, the board had no duty to prоvide access to the requested records. Scanlon,
In addition, assuming the board hаd a duty to compile the requested records, Kerner still would not have been entitled to access to the requested records under R.C. 149.43. Public records do not include “[rjecords the release of which is prohibited by state or federal law.” R.C. 149.43(A)(l)(p); State ex rel. Gannett Satellite Informatiоn Network, Inc. v. Petro (1997),
The requested records were exempted from disclosure under R.C. 149.43 by R.C. 3307.21(B) and Ohio Adm.Code 3307-l-03(A). R.C. 3307.21(B)(2)(b) exempts from public inspection an individual’s “personal history record” unless the individual cоncerned authorizes its release in writing. “Personal history record” includes “information maintained by the board on a member, former member, contributor, former contributor, retirant, or beneficiary thаt includes the * * * record of contributions * * * or other information the board determines to be confidential.” R.C. 3307.21(B)(1). Ohio Adm.Code 3307-1-03 was promulgated by the board to specify “other information the board dеtermines to be confidential” under R.C. 3307.21(B). State ex rel. Lindsay v. Dwyer (1996),
Kerner contends that R.C. 3307.21(B) and Ohio Adm.Code 3307-l-03(A) do not apply because he is requesting names and addresses of a subclass of STRS mеmbers rather than information concerning specific service credit and contributions for аny individual. But, as the court of appeals held, “were respondent to produce the requested names, it would necessarily disclose the [service credit and] record of contributions оf each person whose name was produced.” The requested names would divulge that each person had at least five years of service
In addition, Kerner erroneоusly relies on R.C. 3307.21(E), Ohio Adm.Code 3307-l-03(B), Police & Fire Retirees of Ohio, Inc. v. Police & Firemen’s Disability & Pension Fund (1985),
Based on the foregoing, the court of appeals properly denied the writ. The board had no duty to provide Kerner with access to the requested records. Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.
