 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
State ex rel Ohio Patrolmen's Benevolent Association v. City of Mentor8/16/2000
oyee, only of evidence obtained as a result of that employee's interrogation and does not prevent the use of other investigatory evidence or another employee's interrogation statements in a subsequent criminal proceeding.
In addition, the absence of pending or highly probable criminal charges is not fatal to the applicability of the uncharged-suspect exemption. See State ex rel. Master v. Cleveland (1996), 75 Ohio St.3d 23, 29-30, 661 N.E.2d 180, 185-186 ("Master I") (uncharged suspect exemption may apply even if work-product exemption does not); Strothers, 122 Ohio App.3d at 333-334, 701 N.E.2d at 763.
Therefore, respondents are entitled to withhold those portions of the Spetrino investigative records that, if released, would create a high probability of disclosure of the identity of uncharged suspects. Master I, 75 Ohio St.3d at 30-31, 661 N.E.2d at 186.
But the protected identities of uncharged suspects are not inextricably intertwined with all of the remaining records so as to exempt the totality of the Spetrino investigative records. Cf. Master II, 76 Ohio St.3d at 342, 667 N.E.2d at 976. And certain records, e.g., copies of newspaper articles and statutes, are unquestionably nonexempt and do not become exempt simply because they are placed in an investigative or prosecutorial file. Gannett, 80 Ohio St.3d at 267, 685 N.E.2d at 1229; WLWT-TV5, 77 Ohio St.3d at 361, 673 N.E.2d at 1370. This conclusion comports with our duty in public records cases to strictly construe exemptions from disclosure. State ex rel. Cleveland Police Patrolmen's Assn. v. Cleveland (1999), 84 Ohio St.3d 310, 312, 703 N.E.2d 796, 797.
Accordingly, we grant a writ of mandamus to compel respondents to give relators access to those portions of the Spetrino investigative records that do not disclose identities of uncharged suspects or are otherwise unquestionably nonexempt records, e.g., news articles and statutes. We deny the writ for the remaining portions of the records that, if released, would create a high probability of disclosure of the identities of uncharged suspects. See R.C. 149.43(A)(1)(h) and (2)(a).
Attorney Fees
Relators also request an award of attorney fees incurred by them in this mandamus action. Relators requested four different categories of records in this case: (1) the hazing investigative records, (2) the Spetrino investigative records, (3) payroll records, and (4) compensatory and overtime records.
Relators are not entitled to attorney fees concerning those claims that were meritless. For example, the compensatory and overtime records either did not exist or were disclosed to relators before this action was filed. See State ex rel. Warren v. Warner (1999), 84 Ohio St.3d 432, 433, 704 N.E.2d 1228, 1229 (" o duty under R.C. 149.43 to create documents to meet [requester's] demands."). And most of the requested payroll records were provided to relators before they filed this action.
In addition, relators received copies of some of the requested records after they filed this mandamus case, i.e., the hazing investigative records and certain payroll records that had been inadvertently excluded from the records provided to relators before this action. Respondents' post-action disclosure of these records rendered their claims for these records moot. State ex rel. Wadd v. Cleveland (1998), 81 Ohio St.3d 50, 52, 689 N.E.2d 25, 27.
The mootness of these claims does not preclude an award of attorney fees. Under State ex rel. Pennington v. Gundler (1996), 75 Ohio St.3d 171, 661 N.E.2d 1049, syllabus, " court may award attorney fees pursuant to R.C. 149.43 where (1) a person makes a proper request for public record
Page 1 2 3 4 5 6 7 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|