In the case of State ex rel. Pool v. Sheffield Lake, Slip Opinion No. 2023-Ohio-1204, the Ohio Supreme Court held that the city made reasonable efforts to locate and produce requested public records when the city hired a third-party vendor to locate the records.
In this case, the police officer argued that the city needed to exhaust every avenue to find the records that the officer requested. In response, the city argued that the city’s efforts were reasonable when they hired a third-party vendor to find the documents that were requested. The Ohio Supreme Court agreed with the city.
In support of its decision in favor of the city, the Ohio Supreme Court explained that the search efforts needed to be reasonable, not Herculean. The Ohio Supreme Court further explained that some of the records were physical copies which were shredded, and some email attachments were “stripped” and could not be recovered.
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.