In the case of State ex rel. Horton v. Kilbane, 2022-Ohio-205, the Ohio Supreme Court denied a citizen’s petition for a writ of mandamus to compel a city to provide public records regarding the city’s implementation of a traffic-ticket quota because the citizen impermissibly broadened one request and the city did not possess the record responsive to another request.
Here, the first request at issue concerned a copy of a reprimand issued to a police officer, which the city had already provided two copies of to the citizen. The second request at issue concerned the police officer’s grievance to the union regarding the reprimand.
The Court reasoned that the citizen impermissibly broadened the request for the reprimand because the citizen admitted that her request had already been satisfied and was now seeking a different version. In addition, because a public office does not have a duty to provide records that are not within its possession or control, the city did not have a duty to provide the grievance because the police officer gave it to the union, not the city.
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.