577 N.E.2d 444 | Ohio Ct. App. | 1989
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *754
Relator, Philip Q. Zauderer, has filed this original action requesting that this court issue a writ of mandamus ordering respondents Dwight Joseph, as Police Chief of the Columbus Police Department, Earl Smith, as Sheriff of the Franklin County Sheriff's Department, and Colonel Jack Walsh, as Superintendent of the Ohio State Highway Patrol, to make available for inspection and/or copying any and all traffic accident reports of record, alleged to be public records pursuant to the provisions of R.C.
This matter was referred to Marie Furjanic, referee, pursuant to Civ.R. 53 and Section 13, Loc.R. 11 of the Tenth District Court of Appeals. The referee filed a report containing findings of fact and conclusions of law, and recommended that this court deny relator's request for a writ of mandamus on the basis that relator has failed to establish a clear legal right to the relief requested.
Relator Zauderer filed objections to the report and recommendation of the referee and took issue with the following findings:
"OBJECTIONS TO REFEREE'S REPORT
"The Relator hereby objects to the referee's report, filed March 6, 1989 and more specifically objects to the following:
"1. The relator objects to the finding that the reason for requesting the accident reports is relevant to the question to whether respondents are required to alter their methods of storage and retrieval.
"2. The relator objects to the finding that to require respondents to honor the relator's request would create unreasonable interference with the duties of the records custodian.
"3. Further, the relator objects to the finding that the government unit does not have to take extraordinary measures to satisfy relator's request. *755
"4. Notwithstanding objection number 3, the relator objects to the finding that extraordinary measures would need to be taken to satisfy relator's request.
"5. Relator objects to the finding that the respondents have established reasonable means to make their records available.
"6. Relator objects to the finding that the writ of mandamus be denied."
Respondent, Colonel Jack Walsh, Superintendent of the Ohio State Highway Patrol, concurs in the recommendation of the referee that the relator's petition for a writ of mandamus be denied, but objects to the referee's finding that accident reports filed pursuant to R.C.
Upon an independent review of the evidence, this court adopts the report and recommendation of the referee as modified herein. R.C.
The issue in this case focuses not on the availability of the records requested, but rather on the method of retrieval used by the state, county and municipal governments, respectively, in compiling and disclosing such data. R.C.A
R.C.
"* * * Upon request, a person responsible for public records shall make copies available at cost, within a reasonable period of time. * * *" (Emphasis added.)
A "request," unlike a demand, is the expression of a desire made to some person for something to be granted or done. Black's Law Dictionary (5 Ed. 1979) 1172. It presupposes that the person to whom the request is made has the authority to deny or to grant the request. Like a motion, under Civ.R. 7(B)(1), however, a request must be specific and particularly describe what it is that is being sought. See Mitseff v. Wheeler (1988),
The request, made by the relator here, cannot rise to the status of a request pursuant to R.C.
Writ denied.
REILLY and PEGGY L. BRYANT, JJ., concur.
JOYCE J. GEORGE, J., retired, of the Ninth Appellate District, sitting by assignment. *757