Justia Government & Administrative Law Opinion Summaries

An inmate at the Trumbull Correctional Institution (TCI) submitted 17 public-records requests to various TCI departments and employees in August 2023. The requests included documents such as the current bank statement for TCI’s industrial and entertainment fund, the recreation music-room schedule, TCI’s list of approved vendors, and body-camera footage from a specific corrections officer. The inmate claimed that all his requests were initially denied and sought a writ of mandamus to compel the production of the records, as well as statutory damages and reimbursement for postage and photocopying.The case was reviewed by the Supreme Court of Ohio. The court found that many of the inmate’s requests had been rendered moot because the requested documents were provided to him after he filed his complaint. The court also determined that the inmate did not meet his burden of proof for some requests, as he failed to show that he properly requested the records from the appropriate public office or person responsible for public records. Additionally, the court found that the delay in responding to the inmate’s requests was not unreasonable given the number of requests.The Supreme Court of Ohio denied the inmate’s request for a writ of mandamus, statutory damages, and reimbursement for expenses. The court also denied the inmate’s motion to compel the clerk to accept his untimely response and the respondents’ motion for sanctions. The court concluded that there was no evidence that the inmate acted falsely or fraudulently in bringing the action. View "State ex rel. Berry v. Booth" on Justia Law

An inmate at the Pickaway Correctional Institution, Trevor J. Teagarden, requested various public records from prison staff between June and August 2023. These requests included medical protocols, recreation schedules, policy indexes, and a sign-in sheet for LexisNexis computer terminals. The prison staff responded by directing him to where some of the requested documents were posted or available for review in the library, and denied access to the sign-in sheet, stating it was library property.Teagarden filed a complaint for a writ of mandamus in December 2023, seeking to compel the prison staff to provide the requested records, along with statutory damages and court costs. The Supreme Court of Ohio reviewed the case after denying the respondents' motion to dismiss and ordering them to file an answer.The Supreme Court of Ohio held that Teagarden's requests for the recreation schedules and medical protocols were either not directed to the proper records custodian or were too vague. However, the court found that the sign-in sheet for the LexisNexis computer terminals was a public record maintained by the library staff, and their refusal to provide it violated the Public Records Act. Consequently, the court granted a writ of mandamus ordering the prison staff to provide Teagarden with the sign-in sheet for August 24 and 25, 2023.The court awarded Teagarden $1,000 in statutory damages for the failure to provide the sign-in sheet but denied his request for court costs due to his affidavit of indigency. The court denied the writ for the other records requested, as the responses from the prison staff were deemed appropriate under the circumstances. View "State ex rel. Teagarden v. Igwe" on Justia Law

Clifford J. Culgan requested unredacted public records related to Jefferson County Grand Jury Final Reports for October 1997, November 1997, December 1997, and January 1998 from the Jefferson County Clerk of Courts. The Deputy Clerk, Christianne Benton, responded by providing the requested records but redacted the names of the grand jurors, the signature of the grand jury foreperson, and information on expunged cases using Wite-Out. Culgan claimed he did not receive the response and filed a mandamus action seeking the unredacted records, statutory damages, and court costs.The Supreme Court of Ohio reviewed the case. The clerk argued that the redactions were justified under state law, specifically citing State ex rel. Beacon Journal Pub. Co. v. Bond. The court found that the clerk's redactions of case information for expunged cases were proper but determined that the names of the grand jurors and the signature of the grand jury foreperson should not have been redacted. The court also found that the clerk's use of Wite-Out for redactions was permissible and that the redactions were plainly visible.The Supreme Court of Ohio granted a writ of mandamus ordering the clerk to provide the grand jury reports without redacting the grand jurors' names or the foreperson's signature. However, the court denied the writ regarding the redacted case information, as those redactions were deemed appropriate. The court also denied Culgan's requests for statutory damages and court costs, concluding that the clerk reasonably believed the redactions were proper based on existing case law. View "State ex rel. Culgan v. Jefferson Cty. Clerk of Courts" on Justia Law

Roberta Schlegel experienced flooding in her basement after a portion of a roadway near her home collapsed, causing debris to block a drainage culvert. Schlegel sued Summit County for the flood damage, alleging negligence in maintaining the roadway. The county claimed political-subdivision immunity as a defense.The trial court and the Ninth District Court of Appeals both ruled in favor of the county, concluding that the county was immune from liability under political-subdivision immunity laws. They determined that the negligent-roadway-maintenance exception to immunity did not apply because Schlegel was not a motorist or user of the roadway injured by the roadway condition.The Supreme Court of Ohio reviewed the case and reversed the Ninth District's judgment. The court held that the exception to political-subdivision immunity in R.C. 2744.02(B)(3) for negligent failure to keep public roads in repair and free of obstructions is not limited to losses suffered by users of the roadway. The court found that the statutory language is clear and unambiguous, and it applies to any person who suffers loss to property caused by the political subdivision's negligence in maintaining public roads.The case was remanded to the trial court to determine whether the county's negligence in maintaining the roadway proximately caused the flooding and whether any defenses under R.C. 2744.03 could restore the county's immunity. View "Schlegel v. Summit County" on Justia Law

A newspaper, Copley Ohio Newspapers, Inc., doing business as Akron Beacon Journal, made several public-records requests to the City of Akron and the Akron Police Department in 2022. The requests sought records identifying police officers involved in three lethal use-of-force incidents. The city provided some records but redacted the officers' names, citing safety concerns and legal exceptions. The newspaper filed a mandamus action under the Ohio Public Records Act, R.C. 149.43, to compel the city to produce unredacted records.The lower court, the Supreme Court of Ohio, reviewed the case. The city argued that the requests for personnel files, discipline records, and internal investigations of unidentified officers were improper public-records requests and that the officers' names were protected under the confidential law-enforcement investigatory records (CLEIR) exception and the Kallstrom/Keller exception, which protects records that could endanger officers' lives.The Supreme Court of Ohio held that the requests for personnel files, discipline records, and internal investigations of unidentified officers were improper public-records requests. However, the court found that the requests for administrative leave or reinstatement notices and incident reports were proper. The court ruled that the names of the officers involved in the Walker shooting were exempt from disclosure under the CLEIR exception for uncharged suspects. The court ordered the city to provide copies of the Walker incident reports with only the names of the eight officers who are uncharged suspects redacted and to provide unredacted copies of the administrative leave and reinstatement notices. The court denied the newspaper's requests for statutory damages and attorney fees but granted court costs. View "State ex rel. Copley Ohio Newspapers, Inc. v. Akron" on Justia Law

The City of Obetz initiated a mandamus and prohibition action against Franklin County Auditor Michael Stinziano and Franklin County Treasurer Cheryl Brooks Sullivan. The dispute arose from a tax-increment-financing (TIF) arrangement established by Obetz in 1997. Obetz erroneously received TIF proceeds in 2015, 2016, and 2017. To correct this, Obetz returned some funds to the county, but the county also withheld Obetz's real-property-tax distribution for the first half of 2022 and reallocated it to other taxing jurisdictions.The Franklin County Court of Common Pleas initially reviewed the case, where Obetz sought to compel the county to return the funds it had tendered and to pay future settlement distributions without setoff. The lower court's decision led to the current appeal.The Supreme Court of Ohio reviewed the case. The court held that Obetz was not entitled to the return of the $212,963.01 it had voluntarily paid to the county. Additionally, the court denied Obetz's request for the county to pay $194,944.32, which had been withheld and reallocated to other jurisdictions. However, the court granted a limited writ of mandamus, compelling the county to pay future settlement distributions to Obetz without setoff. The court found that the county did not have the authority under R.C. 319.44, R.C. 323.133(B), R.C. 5713.08, or R.C. 5715.22 to withhold future settlement funds from Obetz. The court also denied Obetz's request for a writ of prohibition, as the county's actions did not constitute the exercise of judicial power. View "State ex rel. Obetz v. Stinziano" on Justia Law

Christopher R. Hicks submitted a public-records request to the Union Township, Clermont County Board of Trustees, seeking email- and mail-distribution lists for the township's newsletter. The township denied the request, claiming the lists did not document the township's activities and were not public records. Hicks filed a complaint in the Court of Claims, arguing that the lists were public records documenting the township's functions and activities.The Court of Claims appointed a special master who found that the lists were used for administrative convenience and did not meet the definition of a public record. The Court of Claims adopted this recommendation and denied Hicks's request. Hicks appealed to the Twelfth District Court of Appeals, which affirmed the lower court's decision, agreeing that the lists were used solely for convenience and did not document the township's functions or activities.The Supreme Court of Ohio reviewed the case and reversed the lower court's decision. The court held that the email- and mail-distribution lists are public records under R.C. 149.011(G) because they document the township's functions and activities by showing how the newsletter is distributed to constituents. The court emphasized that the Public Records Act should be construed liberally in favor of broad access and that the lists are central to the township's communication with its constituents. The court ordered that the requested records be made available to Hicks. View "Hicks v. Union Twp. Clermont Cty. Bd. of Trustees" on Justia Law

The case involves the termination of a police chief, Erica Barga, by the Village Council of St. Paris. Barga was placed on administrative leave by the mayor, who filed charges against her for insubordination and neglect of duty. Barga requested a public hearing to address these charges. The village council conducted the hearing in public but deliberated in executive session before voting to terminate Barga's employment.The Champaign County Court of Common Pleas upheld the village council's decision, concluding that Barga did not have a substantive or procedural right to have the entire disciplinary hearing open to the public. The court also found that the village council's decision was presumed valid and that Barga had not overcome this presumption.The Second District Court of Appeals affirmed the lower court's decision regarding the Open Meetings Act, relying on a federal district court decision that exempted quasi-judicial proceedings from the Act. However, it found that the common pleas court had applied the wrong standard of review and remanded the case for a de novo review.The Supreme Court of Ohio reversed the court of appeals' decision, holding that the village council violated the Open Meetings Act by deliberating in executive session after Barga requested a public hearing. The court emphasized that the plain terms of the Act required the council to consider the charges in a public hearing. The court remanded the case to the village council for a public hearing in compliance with the Open Meetings Act. View "Barga v. St. Paris Village Council" on Justia Law

The case involves a group of relators seeking to place a proposed constitutional amendment titled "Ohio Voters Bill of Rights" before Ohio voters. The relators submitted the text and a summary of their proposed amendment to the Ohio Attorney General, Dave Yost, for certification. The Attorney General refused to certify the summary, arguing that the title "Ohio Voters Bill of Rights" was not a fair and truthful statement of the proposed amendment.Previously, the relators had submitted their petition with a different title, "Secure and Fair Elections," which the Attorney General also rejected for similar reasons. The relators revised their petition and resubmitted it with the new title, but the Attorney General again refused to certify it, focusing solely on the title's perceived inaccuracy.The Supreme Court of Ohio reviewed the case. The court determined that the Attorney General's authority under R.C. 3519.01(A) is limited to examining the summary of a proposed constitutional amendment, not its title. The court found that the Attorney General exceeded his statutory authority by rejecting the petition based on the title. The court noted that the statutory scheme differentiates between a "summary" and a "title," and the Attorney General's duty is to review only the summary.The Supreme Court of Ohio granted a limited writ of mandamus, ordering the Attorney General to examine the summary of the relators' proposed amendment within ten days, determine whether it is a fair and truthful statement, and, if so, certify and forward the petition to the Ohio Ballot Board. The court emphasized that the Attorney General must perform his statutory duty without considering the title of the proposed amendment. View "State ex rel. Dudley v. Yost" on Justia Law

A property developer settled claims with the U.S. Department of Justice for alleged violations of the Fair Housing Act (FHA) and sought to assert a state-law claim for contribution against other companies involved in developing the properties. The developer, Epcon Communities Franchising, L.L.C., alleged that the franchisees, including Wilcox Development Group, L.L.C., failed to comply with the FHA in their construction and design of certain properties.The trial court dismissed the case, not on the grounds argued by Wilcox, but on the theory that if a state-law cause of action for contribution existed, it was preempted by federal law. The Tenth District Court of Appeals affirmed this decision, and Epcon appealed the preemption issue to the Supreme Court of Ohio.The Supreme Court of Ohio reviewed the case and determined that the trial court erred in deciding the case on the basis of federal preemption. The court emphasized principles of judicial restraint, noting that no party had argued for federal preemption and that courts should avoid deciding constitutional questions unless necessary. The court also highlighted that the preemption issue was hypothetical and should not have been addressed without first determining whether a state-law contribution claim was available.The Supreme Court of Ohio reversed the judgments of the lower courts and remanded the case to the trial court to consider whether the facts alleged present a claim for relief under Ohio law. The court did not address the preemption issue, as it was not properly presented by the parties and was unnecessary to resolve at this stage. View "Epcon Communities Franchising, L.L.C. v. Wilcox Dev. Group, L.L.C." on Justia Law