In the case of Paule v. Woodmore Local Schools, 2019-Ohio-2625, the Ohio Court of Claims adopted a special master’s recommendation that the cell phone call/text message detail logs of several school district officials were not public records.
In this case, an individual made a public records request seeking the call/text message detail logs of several different school administrators and school board members. The requestor argued that the detail logs were the property of the school board as the school board paid the school officials a stipend for cell phone use.
The special master found that the stipend did not make the detail logs the property of the school board as the “stipend is not contingent on any particular cell phone use.” Paule, 2019-Ohio-2625 at ¶ 2. The special master further found that that the school board never received or sought detail logs of the school district officials and, therefore, the detail logs were not records of the school board.
To read the special master’s report and recommendation, please click here.
To read the court’s entry adopting the special master’s report and recommendation, please click here.
Compare this blog with our blog entitled, “Watch Your Cell Phones! Specific Text Messages on Privately-Paid, Personal Cell Phones of Public Officials May Be Public Records,” which you can read by clicking here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.