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Home > Blogs > Ohio politics > Archives > 2009 > April > 24 > Entry
Updated with Morgan, Strickland reactions - Ohio Supreme Court gives Rep. Morgan limited victory
The Ohio Supreme Court on Friday, April 24, gave state Rep. Seth Morgan, R-Huber Heights, a limited victory in Morgan’s efforts to get public records from Gov. Ted Strickland that Strickland used for his “evidence-based” model for schools and school funding.
The all-Republican court issued an order compelling Democrat Strickland “to continue reviewing the potentially responsive records and to provide copies of them to (Morgan) within a reasonable time.” It did not set a specific deadline.
Morgan said he was “grateful that the court found for us.” He said that he would “love to work” with Strickland through the court’s mediation process to resolve any disagreements about handling and of the remaining records that Morgan has not received.
Strickland, meanwhile, seemed to claim victory.
“I appreciate that the Ohio Supreme Court acknowledges the considerable efforts my office has taken to be responsive to a legislator’s broad public records request,” Strickland said in a prepared statement.
He added that he continues to believe “this effort is little more than a disappointing attempt to detract from, rather than enhance, the ongoing legislative discussion about modernizing Ohio’s education system.” The governor did not see the need for an outside mediator, Amanda Wurst, Strickland’s spokeswoman said.
In a concurring opinion, Justice Paul Pfeifer said that the court should have ordered mediation in the case.
“We should take this public-records request seriously and employ our best methods to encourage diligent communication between the parties in order to bring about a resolution that is consistent with Ohio’s strong tradition of open records,” wrote Pfeifer.
“We have squandered an opportunity to ensure that this matter does not devolve into political theater.”
The court denied “at this time” Morgan’s request for attorney fees and statutory damages.
The court also found that Morgan’s requests were “arguably overbroad in part” and suggested that he “work to refine, narrow and clarify his requests.” Also, the order said that “given the broad scope of the records requested, the governor’s decision to review the records before producing them, to determine whether to redact exempt matter, was not unreasonable.”
However, the court mildly admonished Strickland for, in part, ignoring his own public-records policy. The policy requires that for non-routine requests such as Morgan’s that the governor’s office provide a written acknowledgment of the request, including an estimate of how long it will take to comply, what the cost will be and what items may be exempt or subject to redaction.
“The governor did not comply with the requirement of the policy that he provide the person requesting records with an estimate of the time it will take to satisfy the request, an estimated cost and identification of items that may be exempt or redacted,” the ruling said.
The ruling comes as the Ohio House, controlled by the Democrats, prepares to vote next week on a two-year state budget that includes a modified version of Strickland’s proposal for schools.
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By jkack
April 24, 2009 4:34 PM | Link to this
Damn Democrats