State, ex rel. Zauderer, v. Joseph

• Decision Date: 12 September 1989
• Docket Number: No. 87AP-1143,87AP-1143
• Citation: 577 N.E.2d 444,62 Ohio App.3d 752
• Parties: The STATE of Ohio, ex rel. ZAUDERER, v. JOSEPH et al.
• Court: Ohio Court of Appeals

Page 752

62 Ohio App.3d 752

577 N.E.2d 444

The STATE of Ohio, ex rel. ZAUDERER, v. JOSEPH et al.

No. 87AP-1143.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided Sept. 12, 1989.

George M. Sarap, Columbus, for relator.

Ronald J. O'Brien, City Atty., for respondent Dwight Joseph.

S. Michael Miller, Pros. Atty. and Donald M. Collins, Columbus, for respondent Sheriff Earl Smith.

Anthony J. Celebrezze, Jr., Atty. Gen. and Deborah Piperni O'Neill, Columbus, for respondent Colonel Jack Walsh.

JOYCE J. GEORGE, Judge.

Relator, Philip Q. Zauderer, has filed this original action requesting that this court issue a writ of mandamus ordering respondents Dwight Joseph, as Police Chief of the Columbus Police Department, Earl Smith, as Sheriff of the Franklin County Sheriff's Department, and Colonel Jack Walsh, as Superintendent of the Ohio State Highway Patrol, to make available for inspection and/or copying any and all traffic accident reports of record, alleged to be public records pursuant to the provisions of R.C. 149.43, Ohio's Public Records Act.

This matter was referred to Marie Furjanic, referee, pursuant to Civ.R. 53 and Section 13, Loc.R. 11 of the Tenth District Court of Appeals. The referee filed a report containing findings of fact and conclusions of law, and recommended that this court deny relator's request for a writ of mandamus on the basis that relator has failed to establish a clear legal right to the relief requested.

Relator Zauderer filed objections to the report and recommendation of the referee and took issue with the following findings:

"OBJECTIONS TO REFEREE'S REPORT

"The Relator hereby objects to the referee's report, filed March 6, 1989 and more specifically objects to the following:

"1. The relator objects to the finding that the reason for requesting the accident reports is relevant to the question to whether respondents are required to alter their methods of storage and retrieval.

"2. The relator objects to the finding that to require respondents to honor the relator's request would create unreasonable interference with the duties of the records custodian.

"3. Further, the relator objects to the finding that the government unit does not have to take extraordinary measures to satisfy relator's request.

"4. Notwithstanding objection number 3, the relator objects to the finding that extraordinary measures would need to be taken to satisfy relator's request.

"5. Relator objects to the finding that the respondents have established reasonable means to make their records available.

"6. Relator objects to the finding that the writ of mandamus be denied."

Respondent, Colonel Jack Walsh, Superintendent of the Ohio State Highway Patrol, concurs in the recommendation of the referee that the relator's petition for a writ of mandamus be denied, but objects to the referee's finding that accident reports filed pursuant to R.C. 5502.12 are open to the public. He asserts that accident reports which are prepared pursuant to R.C. 5502.12 require a demonstration of a beneficial interest before they can be disclosed.

Upon an independent review of the evidence, this court adopts the report and recommendation of the referee as modified herein. R.C. 149.43 states that "[a]ll public records shall be promptly prepared and made available for inspection. * * * " There is no dispute that, considering a few exceptions, the documents requested by relator are public records and that the respondents have a duty to make the traffic accident reports available for inspection to any person at all reasonable times during regular business hours. See R.C. 149.43.

The issue in this case focuses not on the availability of the records requested, but rather on the method of retrieval used by the state, county and municipal governments, respectively, in compiling and disclosing such data. R.C.A 149.43 requires that these government entities "shall maintain public records in such a manner that they can be made available for inspection in accordance with this division." Relator's request, to inspect all accident reports filed on a given date, does not comport with the method of retrieval used by the county and the city of Columbus. Although the State Highway Patrol does catalog its traffic...