A recent ruling by the Supreme Court of Ohio mandates that the Columbiana County Sheriff's Office must obtain and provide public records from private companies operating the county jail. This decision came in response to a request from Terry Brown, an inmate at Belmont Correctional Institution, who sought various records related to jail operations.
The court's 6-1 per curiam opinion stated that the sheriff’s office has a legal duty to fulfill public records requests and cannot redirect such requests to private operators. The court ordered Sheriff Brian McLaughlin to gather the requested records or notify Brown within 21 days if they do not exist.
Brown's initial request for records in August 2023 resulted in only two documents being provided by the sheriff’s office. The office claimed that other documents were maintained by private companies and were inaccessible. However, state law requires the sheriff’s office to have access to all relevant records created by these operators.
The Columbiana County Jail has been operated by private contractors since at least 2014. Community Education Centers/GEO Group managed it until some portion of 2019, after which Correctional Solutions Group took over in 2022.
Under R.C. 9.06(B)(9), contracts between counties and private operators must include a "contract monitor" who is a county employee with full access to jail records, excluding financial ones of the private operator. Sergeant Deputy Sheriff Hartley Malone serves as this monitor for Brown's record requests.
Brown submitted two public records requests: one for information on employees working at the jail between January 2017 and July 2018, and another regarding current policies on inmate intake, booking procedures, and record retention.
Scherry Wilson from the sheriff’s office responded with two documents but indicated that other requested records were maintained by Correctional Solutions Group and thus inaccessible.
Brown petitioned for a writ of mandamus compelling compliance with his request. The Supreme Court analyzed state law concerning public record disclosure obligations under quasi-agency relationships formed through contracts with private entities performing public duties.
The court concluded that such contracts create a quasi-agency relationship obligating public offices like sheriff departments to obtain relevant public records from their contracted entities when fulfilling requests.
While evidence did not clarify whether requested documents exist or are held by either operator, the court directed further action within three weeks to ascertain their existence or confirm their absence.
Additionally, Brown sought statutory damages due to non-compliance with his request; however, any decision regarding damages will await completion of mandated actions per this ruling.