In the case of Ogle v. Hocking Cty. Sheriff, 2023-Ohio-1446, an appellate court held that a sheriff’s office did not need to produce public records when the request required the creation of new public records.
In this case, the requestor argued that (1) to the extent the sheriff’s office was unable to access records by date and time, that practice is a violation of R.C. 149.43(B)(1) and the sheriff’s office’s duty to facilitate broader access to public records and (2) the sheriff’s office failed to inform the requestor about the manner in which requests could be made if not by time and date under R.C. 149.43(B)(2). In response, the sheriff’s office argued that (1) records are not kept in a manner that allows the sheriff’s office to access the records by date and time and because the records are not sorted in the manner requested, the sheriff’s office would be forced to create new records and (2) the officer did inform the requestor of the manner in which the sheriff’s office maintains its records. The appellate court agreed with the sheriff’s office.
In support of its decision in favor of the sheriff’s office, the appellate court explained that the sheriff’s office was not required to maintain records by time and date. The appellate court further explained that the sheriff’s office would have had to create new records to satisfy the request, and a public office may deny a request if new records would need to be created.
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.