Evans v. Etna Twp.

Citations

• 2024 Ohio 566

Syllabus

Public Records R.C. 149.011(G) R.C. 149.43(B)(1) A party suing to enforce a public records request must prove that the materials he seeks are records if their status as such is disputed, and must do so with clear and convincing evidence An official's personal notes, made to personally focus his thoughts or aid his recollection are not records if they are not shared with other officials or preserved as part of his office's general records Notes' status as non-records are reinforced when the information they contain is captured in official recordings of the office's proceedings A public office satisfies its R.C. 149.43(B)(1) obligation to make public records available if it offers to make the records available and the requester fails to act on the offer.