The Supreme Court of Ohio has determined that Toledo City Schools violated public records law by improperly redacting a letter concerning the engagement of two law firms to challenge a 2023 law altering the State Board of Education's authority. The court rejected the school board's argument that attorney-client privilege protected these letters from disclosure and found their claim that the request was "overly broad" to be unfounded.
In its per curiam opinion, the court stated that the district had offered to provide redacted versions of two letters if Thomas Brinkman Jr., who requested them, would drop his lawsuit. Brinkman declined, and subsequently received redacted copies. However, the court found one letter contained improper redactions and ordered the district to pay $1,000 in statutory damages along with covering court costs and attorney fees due to delays and violations of the Ohio Public Records Act.
Chief Justice Sharon L. Kennedy and Justices R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, Jennifer Brunner, and Joseph T. Deters supported this decision. Justice Patrick F. Fischer agreed in part but disagreed with awarding damages or costs.
The issue began in 2023 when changes were made in Ohio’s state biennial budget regarding education governance structures. Toledo schools joined a lawsuit against these changes alongside seven other school board members represented by Ulmer & Berne and Democracy Forward Foundation.
Attorney Curt Hartman filed a public records request for documents related to legal representation agreements on behalf of an unnamed client later identified as Brinkman. The school district objected on grounds of overbreadth and attorney-client privilege but ultimately failed to justify withholding specific information upon judicial review.
After reviewing unredacted documents submitted under seal at the court's request, it was concluded that while some information deserved protection under attorney-client privilege, not all did so appropriately according to established legal standards.
As stipulated under R.C 149.43(B), public offices must supply requested records within reasonable timeframes based on case specifics like record volume or necessary redactions—criteria which Toledo schools reportedly failed by delaying four months beyond receiving Hartman's request before offering partial disclosures without immediate compliance post-litigation offer withdrawal terms suggested toward Brinkman initially involved here too!
Given such context now clear thanks largely due diligence undertaken throughout ongoing proceedings themselves thus far addressed hereinabove whereforeforthwith recounted accordingly above-cited precedents set forth guiding future conduct alike instances encountered similarly situated entities facing comparable circumstances arise thereafter henceforth likewise thereof...