State ex rel Dispatch Printing Co. v. Johnson9/7/2005
Public records - R.C. 149.43 - State-employee home addresses not public records subject to disclosure.
Submitted May 10, 2005
IN MANDAMUS.
{ } In this case, we determine whether state-employee home addresses are public records for purposes of the Public Records Act. For the reasons specified, we hold that in general, state-employee home addresses are not "records" under R.C. 149.011(G) and 149.43 because they do not document the organization, functions, policies, decisions, procedures, operations, or other activities of the state and its agencies. Consequently, state-employee home addresses are not subject to disclosure under the Public Records Act, and the Dispatch is not entitled to a writ of mandamus to compel disclosure of the addresses.
{ } Relator the Dispatch Printing Company publishes the Columbus Dispatch, a daily newspaper, and relator Alan W. Johnson is a Dispatch reporter (collectively referred to as "Dispatch"). Respondent, Ohio Department of Administrative Services ("DAS"), maintains an electronic database of payroll records for state employees and an electronic file to facilitate the distribution of W-2 forms to state employees. The payroll records identify a state employee's name, employment address, residential address, position, and salary. Each W-2 electronic file contains the names, residential addresses, and salaries of state employees.
{ } From 1992 to 2002, upon request, DAS provided the Dispatch with copies of a computerized file of state-employee payroll records, which included state-employee home addresses. DAS did not redact the home addresses from the records provided to the Dispatch.
{ } In April or May 2003 and on November 10, 2003, the Dispatch requested that DAS provide it with "payroll records for all state employees, including names, addresses, job and agency titles and all pay fields."
{ } On December 18, 2003, the Dispatch requested that DAS provide it with a copy of the electronic file used to distribute the 2002 W-2 forms to state employees. On January 30, 2004, the Dispatch requested that DAS provide a copy of the electronic file used to distribute the 2003 W-2 forms to state employees. In each of these two requests, the Dispatch specified, "In the event information other than the names, residential addresses and salaries of state employees appears within this file, we have no objection, for purposes of this request, to the redaction of this information."
{ } DAS refused the Dispatch's requests for payroll and W-2 records.
{ } On April 12, 2004, the Dispatch requested that DAS and the various other state-agency respondents provide it with copies of documents, mailing lists, rosters, and payroll information containing current employees' home addresses. The Dispatch requested that the records be provided in electronic format insofar as they were kept in that format. Respondents refused to release these records. On April 14, 2004, the Dispatch again requested that DAS provide copies of the W-2 records.
{ } In May 2004, the Dispatch requested that the state-agency respondents give it copies of biweekly payroll reports provided by DAS from January 1 through January 31, 2004, biweekly reports provided to AFSCME or any other union or collective bargaining unit during January 2004, and biweekly non-governmental vendor reports provided to any non-governmental vendor in January 2004. Again, the Dispatch requested these records in electronic format if the state agencies kept the records in that format. The state agencies refused to release these records.
{ } In responding to the Dispatch's requests, the state initially took the position
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