March 20, 2006 Major Public Records Decision AKRON – Two former City of Akron employees who sued the City in federal court for unpaid compensatory time and won $1.72 million because the City destroyed public records that would have helped their case have been supported by a landmark Ohio Supreme Court decision issued this morning. Attorneys Warner Mendenhall of Akron and Jennifer Corso and Anthony Palumbo of Cleveland won federal jury verdicts in favor of Elizabeth Kish and Victoria Elder in December 2001 that in part held that Akron was liable for destroying 480 of Kish’s time records and 380 of Elder’s time records. Akron appealed the verdicts to the federal Sixth Circuit Court of Appeals in Cincinnati, which then sent the Ohio Supreme Court a series of questions, asking the Ohio court to weigh in on Ohio’s Public Records Act. In a watershed decision clarifying the definition of a “public record” and the definition of a violation of the public records law, the Ohio Supreme Court ruled that any individual document, even if it is in unfinished form, is a “public record,” and that any destruction of the information contained in such a document is punishable with a $1,000-per-document forfeiture. The decision comes on the heels of a week of special coverage of open government and public records issues by Ohio’s newspapers. The case will now return to the Sixth Circuit for what is expected to be a final resolution. For additional information or for a copy of the Kish v. City of Akron decision, contact Warner Mendenhall at 330-535-9160 or Jennifer Corso at 216-642-3342. Link to Ohio Supreme Court Written Opinion Kish v. City of Akron Link to Oral Argument by Jennifer Corso for Liz Kish and Vicky Elder: Use Real Player to Launch MODEL PUBLIC RECORDS REQUEST You can pattern your request on this one. Remember, the request doesn't have to be any particular form or even in writing. I just think that following this model and serving it on the public official by certified mail with a return receipt makes the situation more clear if you end up in Court. Your Name Your Address Your Phone Number Date Their Name and Title Their address Dear Law Director (or other public official), This letter serves as a request for access to and production of “public records” under Ohio Revised Code § 149.43, the Ohio Public Records Act. Pursuant to R.C. § 149.43 (B)(1), all public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Upon request, a public office or person responsible for public records shall make copies available at cost within a reasonable period of time. “Id.” For the purpose of this request “document” means the originals, or any copies when originals are not available, unless otherwise stated, and any non-identical copies, whether different from originals because of notes made on such copies or otherwise, and writings of every kind and description, whether inscribed by hand or by mechanical, electronic, photographic, or other means, as well as phonic, such as tape records or visual representations of oral statements, conversations or events and including, but not limited to correspondence, letters, agreements, reports, records, price lists, quotations, memoranda, financial statements, telephone call slips, information stored in computers, teletype messages, internal memoranda, notes, reports, contracts, records of meetings, conferences, or telephone or other conversations or communications, computer printouts and computer stored data. List of requested documents: All documentation related to __________________ All records of the names of ________________________. All records of the amounts paid by the City of _____ for _________________. All records regarding any plans for _________________ If these records are not available please provide me with an explanation for each record that is not available. Please let me know what costs are involved in copying the records and I will forward that amount to your office. Sincerely, Your name here. |