In the case of Parks v. Pickaway Cty. Bd. of Commrs., Ct. of Cl. Case No. 2018-01479PQ, the Ohio Court of Claims adopted a special master’s report and recommendation (2019-Ohio-1824) finding that a reasonable and good faith belief does not constitute sufficient evidence to establish that a responsive document exists to a public records request. Parks at ¶ 4.
In this case, while a public office produced all records requested in a public records request, the requester claimed that additional records existed because the metadata – information regarding the records’ file size and date of creation – suggested that the records were created after the initial public records request.
The special master determined that a requester “is required to demonstrate [***] that additional records exist and were withheld” and found that the requester failed to present any evidence that such records existed. Parks at ¶ 4. The special master further found that a mere reasonable and good faith belief that additional records exist is not sufficient to compel a public office to search for additional records without further evidence.
To read the special master’s report and recommendation, click here.
To read the court of claim’s entry adopting the recommendations of the special master, 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.