State, ex rel. Butler Cty. Bar Assn., v. Robb
| Decision Date | 06 August 1990 |
| Docket Number | No. CA90-02-024,CA90-02-024 |
| Parties | The STATE, ex rel. BUTLER COUNTY BAR ASSOCIATION et al., v. ROBB, Clerk. |
| Court | Ohio Court of Appeals |
Syllabus by the Court
1. R.C. 149.43(B) does not require the clerk of courts to establish reasonable business hours, only that he make public records "available for inspection * * * at all reasonable times during regular business hours." Inconvenience caused by restricted business hours does not justify mandamus relief.
2. A complaint in mandamus concerning cost of copies of public records states a claim for relief under R.C. 149.43(B), which provides that "persons responsible for public records shall make copies available at cost."
James M. Schnell & Associates, James M. Schnell, Fairfield, and Stephen S. Marcum, Hamilton, for relators.
John F. Holcomb, Pros. Atty., Victoria Daiker, Hamilton, for respondent.
This cause came on to be considered upon a motion by respondent Edward S. Robb seeking to dismiss a two-count complaint for writ of mandamus filed by relators, Butler County Bar Association and James N. Schnell, an Ohio attorney at law. As to count one, relators want this court to order respondent Robb, who is Butler County Clerk of Courts, to:
"Maintain and make available to all public case files within the custody and control of the Clerk of Courts of Butler County, Ohio, from the hours of 8:30 o'clock A.M. to 4:30 o'clock P.M., Monday through Friday, except legal holidays."
As to count two, relators want this court to order Robb to furnish copies of public records at his cost, rather than $1 per page.
Respondent claims that relators have failed to state a claim upon which relief can be granted. As to each count, we refer to R.C. 149.43(B), upon which relators base their complaint:
* * * "
From the complaint, it appears that Robb has reduced the business hours of the clerk's office due to budget cuts in Butler County. Specifically, Robb has closed the office between noon and 1 p.m. each day and at 4 p.m. each day, and has closed the fourth floor file room at noon each day.
Relators' principal complaints are that respondent's reduced schedule does not include certain "reasonable" business hours, and that the public is ejected from the clerk's office at 4:00 p.m. although staff remains in the office until 4:30 p.m.
R.C. 149.43(B) does not require Robb to establish reasonable business hours, but that he...
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