Schutte v. Gorman Heritage Found.

Citations

• 2019 Ohio 1818

Syllabus

Core Terms: public record court of claims R.C. 2743.75 R.C. 149.43 R.C. 149.431 functional equivalence waiver. Overview: Requester sought financial reports from respondent, a non-profit entity providing services to and on the property of a village. Requester alleged that respondent is the functional equivalent of a public office, or alternatively is required to provide certain financial information as public record pursuant to R.C. 149.431. The special master reviewed the Oriana House factors required or permitted to be analyzed and found that requester had not shown by clear and convincing evidence that respondent was the functional equivalent of a public office. The special master further found that as a non-profit corporation providing services to a political subdivision under contract respondent is required by R.C. 149.431(A) to disclose specific records of moneys expended in relation to those services. Requester filed objections. Outcome: The court found that requester's allegation of additional funds received by respondent, and his disagreement with the weight given by the special master to each Oriana House factor, were insufficient to disturb the conclusion that respondent was not the functional equivalent of a public office. The court further concluded that the special master did not err in determining that requester had waived the assertion of quasi-agency by not raising it in his complaint.