In the case of Noll v. Univ. of Akron, 2021-Ohio-1563, the Court of Claims of Ohio held that the requester’s request was properly denied because: the request was overly broad, the request was ambiguous, and a requester is only entitled to deleted records if the deleted records were deleted in violation of the office’s record retention policy.
The Court held that where emails have been disposed of or deleted in accordance with an office’s record keeping policy the requester has no entitlement to those records under the Public Records Act. Absent a showing that an office violated its record keeping policy, a requester will be unable to enforce a request pursuant to the Public Records Act.
The request in this case was found to be overly broad and ambiguous, because the request was for all emails containing any reference to the name “Noll” over a period of more than three years. The Court found this request to lack a specified subject and the time-period to be too expansive.
To read this case, click 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.