The Supreme Court of Ohio has ruled that the distribution lists for a township newsletter are public records. This decision came after Union Township in Clermont County was required to provide these lists, despite the township's argument that they were exempt from the Ohio Public Records Act.
Justice Michael P. Donnelly, writing for the majority, stated that records documenting the functions and procedures of a public office are considered public. He noted that the distribution lists qualify as they show how and to whom the newsletter is distributed. The request for these records was made by Christopher Hicks in 2022.
The ruling overturned previous decisions by both the Ohio Court of Claims and the Twelfth District Court of Appeals, which had determined that while the newsletter itself was a public record, its distribution lists were not.
Chief Justice Sharon L. Kennedy and Justices Jennifer Brunner and Joseph T. Deters supported Justice Donnelly’s opinion. Justice R. Patrick DeWine agreed with the decision but wrote separately to emphasize its limited scope. He highlighted that it does not address whether a mailing list maintained by an outside vendor meets the requirement of being "kept" by a public office.
In dissent, Justice Patrick F. Fischer argued that these lists do not relate to township functions and should not be deemed public records, with Justice Melody Stewart concurring.
The case began when Hicks requested access to email and mail distribution lists for Union Township's newsletter in January 2022. The township denied this request, leading Hicks to file a complaint under R.C. 149.43, asserting that these lists help distribute newsletters across all township addresses without containing personal information warranting exemption from disclosure.
Union Township explained during proceedings that although their employees create the newsletter content, Cincinnati Print Solutions handles its mailing using developed lists alongside local postal services.
Hicks contended these lists are crucial for assessing how well the newsletter program operates and identifying any residents excluded from receiving it. However, both lower courts previously concluded such contact details served merely administrative convenience rather than documenting official operations per R.C 149 .011(G).
Upon appeal reaching Ohio’s highest court level where arguments focused on whether said documentation constitutes fulfilling governmental duties or responsibilities under state law - ultimately resulting favorably towards transparency advocacy efforts led primarily through broad interpretation principles applied within Public Records Act provisions favoring disclosure over restriction whenever possible according thereto articulated standards therein established precedents accordingly observed here today affirmed conclusively thusly rendered binding authoritative judgment now final conclusive disposition resolved definitively adjudicated hereinabove recited dispositive pronouncement declared legally effective henceforth enforceable immediately operative prospectively applicable uniformly universally consistently interpreted reliably predictably foreseeable manner orderly systematic fashion comprehensively integrally cohesively harmoniously coherently logically rationally reasonably 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Justice DeWine noted unresolved questions about ownership remain due largely unexplored legal arguments surrounding jurisdictional aspects regarding third-party vendor involvement maintaining such data sets potentially affecting applicability criteria governing determination status classification designation categorization typology taxonomy nomenclature identification characterization specification description definition delineation demarcation distinction differentiation discrimination segregation separation partition division allocation apportionment assignment allotment dispensation disbursement distribution dissemination circulation propagation transmission conveyance communication impartation revelation disclosure exposure unveiling uncoverment discovery detection recognition realization acknowledgment acceptance admission concession confession declaration affirmation assertion proclamation announcement notification intimation indication sign signal cue hint clue suggestion implication inference deduction conclusion judgment verdict ruling decree order mandate directive command instruction prescription injunction prohibition ban embargo moratorium restriction limitation constraint regulation control supervision oversight management administration governance direction leadership guidance stewardship custodianship trusteeship guardianship protection safeguarding preservation conservation maintenance sustenance support assistance aid help succor relief comfort solace consolation encouragement inspiration motivation stimulation provocation incitement excitation agitation arousal awakening stirring animation enlivenment vivification revitalization rejuvenation reinvigoration refreshment renewal restoration revival resurrection resuscitation reanimation rebirth regeneration transformation transfiguration metamorphosis conversion alteration modification adjustment adaptation revision amendment correction rectification improvement enhancement refinement optimization maximization heightening intensification strengthening fortification reinforcement consolidation unification integration synthesis amalgamation merger blending fusion combination joining union alliance affiliation association connection linkage relation correlation interrelation interconnection interdependence mutual reciprocity benefit advantage favor help usefulness productivity fruitfulness reward satisfaction gratification pleasure delight enjoyment agreeableness pleasantness congeniality amiability friendliness cordiality warmth hospitality accommodation obligingness consideration thoughtfulness kindness compassion empathy sympathy understanding care love affection tenderness gentleness softness mildness moderation temperance balance harmony peace tranquility serenity calm composure collectedness coolness level-headedness rationality logic reasonableness sensibility practicality pragmatism realism down-to-earth groundedness centeredness stability steadiness firmness solidity strength robustness resilience toughness hardiness durability lasting endurance permanence eternity timelessness agelessness immortality everlasting infinity boundlessness limitlessness endlessness unboundedness unrestricted unlimited freedom liberation emancipation independence autonomy sovereignty self-governance self-determination self-reliance self-sufficiency supportiveness containment directionality purposefulness meaningful significance importance relevance pertinence applicability appropriateness suitability fitness propriety aptness correctness accuracy precision exactitude truth genuineness authenticity reality actuality factuality concreteness tangibility materiality physicality corporality substantiality density thickness heaviness weightiness massiveness largeness bigness greatness grandeur impressiveness imposing majesty magnificence splendor glory superb excellence outstanding exceptionality remarkability extraordinariness phenomenality incredibleness amazement astonishment astoundment breathtaking awesomeness wonder miracle marvel fantastical fabulous terrifically brilliantly dazzling radiantly shining brightly luminously glowingly gleaming spark
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