In the case of Bollinger v. River Valley Local School. Dist., 2020-Ohio-6637, the Court of Claims of Ohio held that the school district acted properly, during the termination of a school district employee’s contract, in withholding documents requested by the employee because the documents were either not public records, and/or were protected by attorney-client privilege.
The requestor requested the school district produce text messages that related to the investigation leading to his termination. The requester argued he was entitled to all text message transcripts.
In denying the public records request the school district argued that the records that were not produced were non-public records, or were confidential documents protected by the attorney-client privilege. The Court of Claims agreed.
The Court of Claims reasoned that voluntarily producing some documents in the form of texts while later withholding the same type of record was proper when there was a valid defense for not producing the withheld documents.
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.